shahzan (manager) 11 January 2013

It act section 66

i send and received email with my friend but my friend claimed that i hacked her email account.In CFSL report of my laptop they found cookies of her email account because i received and sent email from my laptop.but they did not have any IP detail (login and logout)of email service provider. now they said that cookies stored because i access her email account (hack)magistrate could frame section 66 on the basis of cookies..? where will i get evidence details for section 66 on internet..?

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(Guest)

@Querist,

In your query which I believe which is of imaginary kind, following should be noted-

If your friend fabricate you in a charge of hacking his email account just because of the cookie stored on your computer, you need to prove that at the time email was sent from your computer,he was physically present there.

Other than that, if you accessed his email account, ofcourse with his permission while he was physically somewhere else, then the truth can come out only during cross examination.

I am bound to not to elaborate it further on account of the ethics of professionalism.Contact any local advocate.

Note- All replies should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Kumar Doab (FIN) 11 January 2013

As already suggested by learned experts/members it shall be appropriate to approach lawyer specializing in such matters.

https://www.indiankanoon.org/doc/326206/

Central Government Act

Section 66 in The Information Technology Act, 2000

66. Hacking with computer system.-

(1) Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes i s value or utility or affects it injuriously by any means, commits hacking.

(2) Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

You can see complete act at:

https://www.indiankanoon.org/doc/1965344/

You can check debate on the controversies at:

https://www.firstpost.com/debates/section-66a-of-the-information-technology-act-needs-to-be-changed_opinion-163.html?unid=20130108214056

https://articles.timesofindia.indiatimes.com/2012-11-09/madurai/35015337_1_public-interest-litigation-pil-madurai-bench

Some court judgments at:

https://www.indiankanoon.org/search/?formInput=information%20technology%20act%20section%2066

https://www.indiankanoon.org/search/?formInput=information%20technology%20act%20doctypes%3Ajudgments

https://indiankanoon.org/search/?formInput=information%20technology%20act%20cases