Can hacked emails used as evidence in court?

Please refer this case and try to come out with some conclusion.

To your query on admissibility of hacked emails as evidence - this what I have to opine :-

In India we don't have the concept of 'fruits from the poisonous tree'. This metaphor is used to refer to the principle of exclusion of evidence obtained by illegal means. This is not applied in India, here even evidence obtained illegally is admissible provided it is sufficiently proved. However it would still make the person hacking an offendor u/s 43 of the IT Act. 

Bharat Chugh

Advocate Supreme Court of India

thanks...

Dear Bharat,

I did audio recording using my cell phone where my wife used to threat me to file false cases against me and my family. I uploaded those files on an email account long time back. Now can you please advice what kind of evidence it would be considered? Primary or secondary? Also help me understand how to submit it? 

I have emails where she clearly wrote that she want divorce from me and after a week of all this she filed false dowry cases against me and my family. Can you advice on how to submit the evidences like Emails and Audio records in the court?

@author - you said your friend's husband so you are the wife's friend. first those emails - do they

prove that your friend is characterless etc.? If  not and your friend is clean, you shouldnt worry. your friend doesnt need to prove she is innocent, that guy needs to prove his allegations.

if your friend exchanged obscene messages etc., then it is a different story.

@adv bharat

1) Instead of hacking intentionally, what if you get important information (evidence or otherwise)  'accidentally'. In most of our computers cookies are enabled and automatic 'Sign In' is also enabled. It's possible that some one opens a URL and it automatically logs you in.

Ideally one should log out if its not his/her account - but since such information is needed to bring out the truth, will this still make out an offense under IT act?

2) If you hire a detective and he brings strong evidences (hacked emails, IT returns etc.) who will come under the IT act here?