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Hacking of spouse email is illegal in India ?


20-Mar-2023 (In Divorce Law)
In India should hacking of spouse email account 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 used to convince court that the charges under sections of IPC especially IPC 420 do not apply?
Answers (2)

Answer #1
716 votes
Hacking any one's information is illegal and further misuse it for personal gain or deceiving some one attract the action mentioned above.Now question which you have asked can not be answered on the basis of information provided by you.
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Advocate Amit Gaurav

Adv. Amit Gaurav

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Answer #2
681 votes
Your case depends upon the ingredients on section 415, if it sustains, then only the charges u/s 419 or 420 of IPC could be framed. However, the sections of IT Act are definitely sustainable. In a recent case of 2016 of Rajasthan it was held that the mobile conversations of wife recorded by the husband were held not admissible before the Court in Divorce case, as the evidence was collected while breaching her right to privacy.
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Advocate Manish

Adv. Manish

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