Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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johan   23 June 2015

Induced admission of guilt

My wife and I lived for 8 months in Dubai. During this time she used to physically beat me in small arguments, throw things around the house, leave the house after arguements and complain about me to her parents.I tolerated all her behaviour. But I later realized her ex boyfriend had come to dubai also and that they had started talking. After I confronted her she left the house. I repeatedly asked her to come back but she and her father said they required an apology for my bad behaviour for her to come back. I have documentary proof of her father and her repeatedly asking for apologies as a condition to come back. They also told several priests they do not want divorce.So I wrote an email saying I am sorry I had hurt you and Hit you and I love you very much. Please forgive me. Now she has submitted my email in court while filing for divorce as my admission to hitting her. Can I ask the court to disregard my email as evidence as I did it under undue influence/coercion of my wife and her father. What can be my defense. She has no medical records or police report that I beat her. Bu I have eye witness and documentary evidence of her assaults on me.



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 5 Replies

Adv. Chandrasekhar (Advocate)     23 June 2015

Where is divorce case - In India or Dubai?

johan   23 June 2015

India, Mangalore, Karnataka

Adv. Chandrasekhar (Advocate)     23 June 2015

Then you take the plea that for coming back to matrimonial home, they had extracted that so called confession under duress.   Alternatively, if it is possible, deny of sending the e-mail to her and allege she has hacked the e-mail account and send the e-mail from your account to herself. By the way, when she had extramarital affair, she used to beat you and had unruly behaviour, then why do you want to continue this relationship is beyond my understanding.

johan   23 June 2015

Thanks Adv. Chandrashekar. I loved her thats why i put up with her cruelty. Please tell me under which ACT can I enter the plea. I have read all sections of Indian evidence act regarding admission in civil cases but I havent been able to find one that says admission is not valid if taken by coercion, manipulation etc.

stanley (Freedom)     23 June 2015

Email s are dificult to prove 

Amendements in the evidence act 2000 and passing of the information technology act 2000The condition for admissibility of electronic records as per section 65 B is as follows The computer was regularly used by the person having lawfull control over the use of the computer .

  1. The information required or derived was regularly used fed into the computer  I the ordinary course of the said activities .
  2. The computer was operating properly or if not did not affect the electronic record or the accuracy of the record and its contents .

Section 88 A states that an email sent  , by the originator is the same as the one that is received

The entire emphasis is on the computer . and not on the data that is retrieved from it .Email data is not stored on the computer but on the server and now that torrents have come into use the data exists only on the internet and not on any specific  computer .The second problem is accepting email as analogues compared to ordinary mail .Mail is not stolen diverted or lost but spontenously deletes itself due to virus.Between one letter and the next the sorting office deltes itself and relocates to another country .( Hence jurdiscation ) A mail is altered its envelope changed the post mark tampered  and no physical evidence is produced as the ip addres may vary from place to place .A single letter is delivered to multiple recipients and hence may appear different to two different viewers .Hence  Its is very difficulty  to prove emails as evidence although accepted .

Hope this satisfies your query .Now you state that she has beaten you . At the time of cross examination they will ask you why did you not file and FIR .Than they will ask you where is the medical report of the injuries sustained . Than the doctor , the person who admitted would be called and they too would be questioned and asked why didnt they call the police and file an FIr . your witnesses too would disappear as seen in most of the cases .

And let your heart not rule over your mind . You never know your wife until you see her in court :-) .

Go to church attend mass everyday and love GOD and not your wife. 

I know well the plans i have in mind for you , plans for your welfare and not for your disaster , plans to give you a future full of hope Jer 29 .11-14 .

 

So relax and be calm . 

 


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