LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

NeverGiveUp (Engineer)     22 November 2014

** urgent help needed on it act 65

Hello Respected Members, 

My wife has filed FIR against me and mentioned that I hacked her Email account. I did not hack, I just entered the password which was already saved in browser. However Police is asking for my custody for investigation. Judge has given the date after a day and asked lawyers to check if the IT Act 65 and 66A is bailable or non bailable. 

 

Please I need your help. I need to know whether this IT 65 and 66A is bailable or non bailable. 

 

Thank you.



Learning

 10 Replies

yogendra (engineer)     22 November 2014

kuch nahi hoga daro mat.....warning deke chor denge bas...whatever is you done is not hacking.Hacking is purely diffrenet thing.It's your wife mistake that she saved password in browser.She should be careful.You didn't crack her password.You explain such thing to police and give them demo by showing how browser saved the password.It'd responsibility of user that he or she may not allow browser to do it by click on " never save for this site".

Born Fighter (xxx)     22 November 2014

Chill my dear friend, these are pressure tactics. You will come out clean without any trouble. Have patience, you are not a hacker and based on what you have mentioned the police/investigating authority will ask for explanation and leave you (may be with  a warning to not enter your lovely-wife's email).

Your wife may exaggerate saying you deleted some emails/info or sent emails from her email id to others ...so be prepared to answer these questions. Note down the time you logged in and check what timing/info your wife is giving. Dont accept anything ,ask for proof

NeverGiveUp (Engineer)     22 November 2014

Thanks for the moral support. According to the FIR, police has submitted our statement and requested courte to have IT act 65 AND 66A. Judge asked to provide information to public procecutor whether this act is bailable or non balable. We have already got the anicipatory bail for 498a. Judge has to decide whether to give bail for IT or not.

NATARAJAN IYER (Proprietor)     22 November 2014

 

I HAVE ATTACHED THE ENTIRE I T ACT - AMENDMENT 2008 WHICH IS THE LATEST.

TAKE A PRINTOUT AND SEE WHATEVER YOU WANT

ABOUT SUCH CASES IN THE PAST, I WILL TELL YOU IN THE NEXT POST


Attached File : 32825028 it amendment act2008.pdf downloaded: 106 times

NeverGiveUp (Engineer)     22 November 2014

Thanks a lot Mr. Iyer

NATARAJAN IYER (Proprietor)     22 November 2014

 

In any I.T. related cyber crime, neither our advocates nor judges are fully geared up to handle such cases.---

These are usually some hurdles which they face and which the accused ( yourself ) utilize to get away--. 

1) accused keeps repeating one single statement that all allegations are false and baseless and he never hacked into any system of his wife.---

2) accused is arrested and released on bail and police themselves with minimal knowledge want to learn more by using this accused as experiment and so interrogate to find out HOW he did it.---

accused maintains he did not do it because he WAS NOT AT ALL THERE at the scene of the crime.----

in a cyber crime matter, when the accused says he WAS NOT AT ALL THERE, this is when the entire investigation team faces HUGE DIFFICULTY.---

Proving that the accused was there at the scene of the crime and he had logged in to the computer at that time, is the BIGGEST DIFFICULTY.---

there is a cyber crime called INTERNET TIME THEFT....even a person driving a car can park his car outside the house of the accused and HACK HIS WIRELESS INTERNET CONNECTION and send mails using his internet.---

SO accused says to the investigation team that even if he was there at his house, he has not done it since at that time, he was in the Toilet and then was having his bath and his wife's friends might have hacked into his wireless internet connectivity  and that criminal has hacked into the e-mail of his wife and MADE IT LOOK as if the accused is the criminal.----

the accused maintains this statement to the investigation----

even if the law says maintaining password protection for the wireless device is the responsibility of the accused, the accused says that is exactly what HACKING is all about. It is about breaking into the protected electronic systems.---

the accused then says---

" my wife has always been suspecting me that i have girl-friends and with that psychiatric illness, everyday she would force me to show all sms and messages to her.---

fed up of this mental torture, one day i just provided her with my e-mail I Ds and passwords and told her to check whenever she wants.---

but even after that she would start asking details of each and every mail.---

that is when fights started and now 498 A she has filed.----

not satisfied, she is continuously searching for some or the other methods to harass me.----

with my e-mail and password details i do not know to whom all she has spread wrong information about me --- they will not say since it is delicate husband and wife matter --- i only have to find out ---

if that has happened,  i have to file defamation suit against my wife ----

____________________________________________________________________

so, the police now totally confused and angry , begin their usual methods 

" abae chup ... mooh bandh rakh ... yeh karenge ...woh karenge--- bathaa kyon hack kiya

____________________________________________________________________

the accused says one line and remains silent

" i have spoken the truth ... now it is up to you to believe me or not....please speak to my wife for continuously 30 minutes and you can see how she has psychiatric illness ---

now in all these family tension and irritation the wife will not be mentally 100 percent alright....

police will  not have patience beyond some time for just this one case and that too in a cyber crime matter ---

so both combined when they call the wife and speak for 30 minutes, more confusion will happen ---

at this correct time, accused will bribe and speak softly to police ---

all in all, closure report submitted to court and matter ends ---

now accused husband turns the game --- he files suit for defamation against his wife ---

LIKE THIS, MANY CASES TAKE SHAPE IN INDIA

NATARAJAN IYER (Proprietor)     22 November 2014

 

THE ATTACHED FILE IS THE AMENDMENT.------read sections entire 66 and 79... electronic evidence examiner is required....proper procedure of seizing computer,...etc has to be prepared...if the police do not do  this, you or your advocate can say this in court....

also, the internet service provider has to provide CoA ( certificate of authenticity ) which certifies that indeed at that time of the crime, they had given internet service to you---without this, evidence is not legally valid just on basis of police statement----

___________________________________________________________________________

 

THE MAIN ACT IS THE I.T.ACT 2000....YOU HAVE TO REFER THIS.

 

Read these thoroughly....

 

https://www.advocatekhoj.com/library/bareacts/informationtechnology/index.php?Title=Information%20Technology%20Act,%202000

 

https://catindia.gov.in/writereaddata/ev_rvnrbv111912012.pdf

 

https://www.rediff.com/business/report/tech-cyber-crime-1600-arrested-only-7-convicted/20121211.htm

 

 

https://www.dnaindia.com/scitech/report-indias-information-technology-act-has-not-been-effective-in-checking-cyber-crime-expert-1818328

 

____________________________________________________________________________

 

download whichever document you want from this government site

 

https://deity.gov.in/content/notifications

____________________________________________________________________________

 

important to you :-

 

https://www.neerajaarora.com/classification-of-offences-under-the-information-technology-law/

 

https://www.legalservicesindia.com/article/article/offences-&-penalties-under-the-it-act-2000-439-1.html

 

______________________________________________________________________________

 

THE ROAR OF THE LIONESS SCARES ---- YES, TRUE ----

 

BUT IT IS ALSO TRUE THAT THE BITE OF THE LION HURTS -----

 

DO NOT CRY ------

 

PREPARE WELL AND IF GOD IS WITH YOU,  BE THE LION THAT BITES -----

SuperHero (Manager)     22 November 2014

@NeverGiveup - Are you going through divorce?

I don't understand one thing - Wife is considered to be a property of husband, but can't see her email???

Why should she complain. So basically there is No Trust.


yogendra (engineer)     22 November 2014

Ture super hero..husband can see wife naked but can't see her email...what is it?There should be no hide and seek between husband and wife.Everything should be open in relation.There should be clause in IT act that this law can't be applied on spouses.wife bobfriend ke saath baat kare email pe dekh liya to hacking ka charge....ye kya ch**tiyapa hai....

NeverGiveUp (Engineer)     23 November 2014

Thank you all your support and help. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register