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N/AAAAAAAAAA (N/A)     14 May 2010

Is it cyber crime when password is shared in a relationship?

Please help answer this.

When a couple is in a relationship they share their passwords and check emails & operate the other partner's account with consent. Now the couple is in a legal battle and the partner accusing the other of hacking into the individual email account and deleting emails when truth is the password was known and all operation done as per knowledge of account owner. Will this be considered as a cyber crime or hacking? 

How can the person prove that password & access was granted by owner and no unlawful means were used.

Thanks



 7 Replies

Kiran Kumar (Lawyer)     14 May 2010

there could be initial presumption to file a case but later on u are in position to prove that the other person operated the same account from a separate computer.

 

everytime the account is excessed the IP no. travels to the server and recorded, so it will be a matter of evidence to prove that the same account was being used by two different individuals.

 

if u r able to prove it then its not hacking.

1 Like

N/AAAAAAAAAA (N/A)     14 May 2010

Thanks for your reply.

 

But how do I get access to the server records? Will the investigating officers do the needful and contact Google/Yahoo? Are these records available for the past 3-4 years? The couple have be estranged for almost 1 year.

N.K.Assumi (Advocate)     14 May 2010

I am of the view that it will still be an offence, as you might have shared each others password but that does not mean that you have beeen given the privelege to destroyed or delete or injured the other party's e-mail or send virus etc.

N/AAAAAAAAAA (N/A)     14 May 2010

Thanks for your reply.

But no such activities were taken place. The account owner itself had authorized the partner to operate on their behalf. No illegal activities took place after from normal operation like reading emails, deleting unwanted emails, spam etc. They were in a relationship, like every couple they operated their lives with shared trust & understanding. Now due to a fall out & other legal battles, one is accusing the other of hacking. 

Will the fact that there have been other crimes of greater nature conducted by the account owner against the other partner hold any importance? This is just a counter case in retaliation.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     15 June 2010

agree with views of Mr. Assumi.

SURESHKUMAR.S (ADVOCATE)     02 October 2010

Friend, However as per Section 43 of IT Act, it comes within the purview of the offending clause. The burden to prove that  the other partner has modified,damaged or caused something is on the partner who alleges it. 

At the same time, it is the burden on the part to prove that there is 'actual authorisation' given in favour during live in relationship. (But that does not give power to modify,alter the email settings against the owner of the email account holder.) It's nothing but described as a method of 'reconnaisance' - social engineering or shoulder surfing- method for the purpose of hacking. If at all, the e mail  settings altered ,so as to deprive the owner , it is called " account/system  owned" and  is deemed as  'black hacking' and is liable to be dealt under the provisions of IT Act. 

seema sharma ( manager)     19 October 2011

 dear,

  if your statement is true then, you can easily prove through old records(it will be accessed by your email host and must be provided on order from court, you can get old records of sending, receiving, deleting by their server after police/ court order)-

(1)  when things were cool then you must have sent some emails in your name and your partner had not  objected then.

(2)  after that you have received also some mails and sent another ones , and your husband did not objected that time , which depicts that you are within the ambit of his knowledge that you are using the email-hence no offence and proved that both of you are using it without dispute.

(3) when it is stated that he knew the using of mail by you and he can change passwords etc.- which it seems has not been done by any of you.it is in your favour

(4)  you can charge him after getting those evidences for making false accusations and grant a huge damages/compensations for misleading thge court and harass you also

(5) I repeat that in these type of cases one should take help of knowledgeable lawyer.

        well, best of luck 


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