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Harrassed _by _498a (Executive)     14 September 2014

Hacking and defamation

If to collect proof of wife extra martial affair a husband can do an attempt to hack a wife gmail yahoo or any other email account. What a wife can do against husband. And if somehow husband has said his father or brother or any other family member to hack the email account but subsequently they failed in the same but some links and IP address details may sent to wife email I'd that ur account password is trying to change etc. Already FIR under 498a has been registered against me. Now she had putting complaints that the proof her extra martial affair are obtained illegally by my mother and father or brother. Is my family members are in trouble if I say they had try to find out her affairs proof only under my knowledge ?


Please advice


 11 Replies

Pothi (None)     24 September 2014

Disclaimer: I am *not* a lawyer. Hacking an email account is illegal, regardless of the purpose of the hacking. Of course, there are always exceptions. However, I don't think you can argue for your action regarding hacking your spouse's email account. Regarding your family members, it depends on a lot of factors. Consult a lawyer, please.

Harrassed _by _498a (Executive)     24 September 2014

thanks for revert, but if attempt to hacking is there only, means a person try to hack bt failed to do so is this also a crime in india just like example attempt to murder or attempt to hacking? Is there any law in india for attempt to hacking ?

LoneFighter (IT)     24 September 2014


Attempt to hack --> If some one attempted but could not succeed, its equivalent to hack. 

Anyhow.. i dont think she would state that her affair details are illegally obtained, she would not want to make herself low. But check for cyber laws on hacking.

Just by mere ip address being sent to email doesn't mean you have tried to hack. She needs more proof to support the argument. 

Btw, if you want to hack, plz try some professionals, not your frns or family. there are many keylogger softwares, try them instead, they work in background and require only one install and you can pretty much do everything after that .. get al the info, and can be uninstalled remotely. But make sure you use proxies etc not to be traced. Its almost impossible to trace a ip address when proxies are used

AS   02 October 2014

Do not Hack by any mean , LoneFighter advise is wrong to use software or professional.

Ashok, Advocate (Lawyer at Delhi)     02 October 2014

As per Section 84-C of the Information Technology Act, an attempt to commit an offence under the said Act is itself punishable with half of the maximum punishable prescribed for that offence. Hacking is punishable under Section 66 of the Act with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. So, an attempt to commit hacking would be punishable with half of this punishment.

Harrassed _by _498a (Executive)     02 October 2014

it is ok but is try to create new password by forgot password option of anyone's user id attempt to hacking ?

Ashok, Advocate (Lawyer at Delhi)     02 October 2014

If you are intentionally trying to create a new password for someone else's account without the permission of that other person, then it may amount to attempt to hacking. See Section 43, Section 66 and Section 84-C of the IT Act.

rebellion (fighting against bias law)     02 October 2014




You know where do you live ....In India here law , police , judiciary all are liberal for them not computers and IP address .

What type of connection do you have and how old matter is ?

Harrassed _by _498a (Executive)     02 October 2014

rebellion what do u want to say please explain? mr ashok i m agreed with ur statement but if a person trying to change the password by forgot password option how u can prove it is hacking ?

Ashok, Advocate (Lawyer at Delhi)     02 October 2014

I agree with you that proof is an entirely different thing. Since the burden lies on the prosecution side, they have to prove that it amounted to hacking which may not be an easy thing to prove.

Sudhir Kumar, Advocate (Advocate)     03 October 2014

nothing more to add.

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