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Will IPC 419,420 apply incase of hacking & forwarding of spouse emails
16-Mar-2023 (In Cyber Crime Law)
In India should hacking of spouse email and forwarding emails from it, during ongoing contested Divorce, attract charges under IPC sections 419 & 420,when sections of Information Technology Act have already been charged ? If not,what arguments and judgements can be provided to court to remove the charges under sections of IPC especially IPC 420?
Section 420 may not be able to cover the charges which are related to content and not a property.
Section 419 impersonation would cover the acts of hacking into account and forwarding emails. Well, again this can have an exemption under following scenarios.
1) If your forwards are helpful to prove the guilty of opposite party or the innocency of you
2) If your spouse shared the password and you both have used the account at good times, then it can also cover from section 419..
Note: My opinion is based on the Penal Code and deliberation and no case laws. All points are subjected to review and further deliberations.
Section 419 impersonation would cover the acts of hacking into account and forwarding emails. Well, again this can have an exemption under following scenarios.
1) If your forwards are helpful to prove the guilty of opposite party or the innocency of you
2) If your spouse shared the password and you both have used the account at good times, then it can also cover from section 419..
Note: My opinion is based on the Penal Code and deliberation and no case laws. All points are subjected to review and further deliberations.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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