Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Tajobsindia (Senior Partner )     21 September 2011

First email hacking case in india against metro wife

Order Passed by Cyber Appellate Tribunal New Delhi in First Email Hacking Case in India against Wife



Learning

 8 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     22 September 2011

Thanks your such a good judgment

regards

RAJIV BHASIN

ADVOCATE

BHASIN & ASSOCIATES

9811210505, 9868635640

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 September 2011

thanks for this judgement

Tajobsindia (Senior Partner )     13 October 2011

This is a case where First ever Conviction of a METRO WIFE happened under Information Technology Act.

 

 

Though the FINE AMOUNT is not going to bring any deterrent to prospective generic abusers of Identity Theft hence provisions of Appeal before Cyber Appellate Tribunal, New Delhi should be considered against final Judgment by the Secretary (IT) Govt. of Maharashtra. The proposed Appeal will also help in strengthening Information Technology Laws especially the FINES thereto are some of my views.

 

 

Appeal Judgment delivered by Secretary (Information Technology), Govt. of Maharashtra of Order in my above first thread post Judgment is annexed in PDF file format where it is;

 

Held:

 

"Under the IT Act, the Adjudicating Officer has to decide on basic two questions - whether IT Act was violated and if yes, then what punishment is due. Based on above circumstances and arguments, I conclude as following;

 

 

1. Respondent no. 1 has violated S. 43 of IT Act and made unathorised access to Gmail accounts of her husband and her father-in-law and unauthorisedly downloaded / forwarded / printed their emails and chat sessions with others, thus committing Identity Theft by using the password belonging to others dishonestly and violating the privacy of not only the Complainants but also of others with whom these chat sessions were conducted.

 

 

2. Given the fact that she gave evidence only to Police and the Court in the Dowry case lodged by her against her husband and in-laws and did not make it widely public I do not hold her liable for damages. Under S. 66 - C of the IT Act there is provision of fine for Identity Theft for dishonestly use of password of any other person. I Order that she pay a token fine of Rupees One Hundred to the State Treasury."

 

 

 


Attached File : 85555 216004 59 wife s cyber crime judgement .pdf downloaded: 459 times

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     13 October 2011

I am sure not many would have even come to know of this judgment. Thanks for the thoughful post.

 

This case pertains individuals who lived together and had common circles. So, this case could be caught. It becomes very difficult to book, punish for this crime committed by acquaintances, business groups, vested interests etc.

 

Email accounts are on public domain: gmail, indiatimes, rediff, hotmail, yahoo etc etc. How to catch this crime on such email accounts that exist on public domain portals?

Adv. Vaishali Karloopia (lawyer)     13 October 2011

Thanx foe the judgement

Tajobsindia (Senior Partner )     19 October 2011

N.K.Assumi (Advocate)     10 March 2012

Thanks for the information. and the Judgment.

Pranay (aa)     16 April 2012

Thanks for the Judgment copy, very informative, even I am a IT Security professional and also a certified Cyber Law professional, but few things left in reading.

 

Thanks


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