First email hacking case in india against metro wife

Thanks your such a good judgment

regards

RAJIV BHASIN

ADVOCATE

BHASIN & ASSOCIATES

9811210505, 9868635640

thanks for this judgement

This is a case where First ever Conviction of a METRO WIFE happened under Information Technology Act.

Though the FINE AMOUNT is not going to bring any deterrent to prospective generic abusers of Identity Theft hence provisions of Appeal before Cyber Appellate Tribunal, New Delhi should be considered against final Judgment by the Secretary (IT) Govt. of Maharashtra. The proposed Appeal will also help in strengthening Information Technology Laws especially the FINES thereto are some of my views.

Appeal Judgment delivered by Secretary (Information Technology), Govt. of Maharashtra of Order in my above first thread post Judgment is annexed in PDF file format where it is;

Held:

"Under the IT Act, the Adjudicating Officer has to decide on basic two questions - whether IT Act was violated and if yes, then what punishment is due. Based on above circumstances and arguments, I conclude as following;

1. Respondent no. 1 has violated S. 43 of IT Act and made unathorised access to Gmail accounts of her husband and her father-in-law and unauthorisedly downloaded / forwarded / printed their emails and chat sessions with others, thus committing Identity Theft by using the password belonging to others dishonestly and violating the privacy of not only the Complainants but also of others with whom these chat sessions were conducted.

2. Given the fact that she gave evidence only to Police and the Court in the Dowry case lodged by her against her husband and in-laws and did not make it widely public I do not hold her liable for damages. Under S. 66 - C of the IT Act there is provision of fine for Identity Theft for dishonestly use of password of any other person. I Order that she pay a token fine of Rupees One Hundred to the State Treasury."

I am sure not many would have even come to know of this judgment. Thanks for the thoughful post.

This case pertains individuals who lived together and had common circles. So, this case could be caught. It becomes very difficult to book, punish for this crime committed by acquaintances, business groups, vested interests etc.

Email accounts are on public domain: gmail, indiatimes, rediff, hotmail, yahoo etc etc. How to catch this crime on such email accounts that exist on public domain portals?

Link to NEWS item appeared in TOI, Mumbai ed. (19-10-2011)

https://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTS8yMDExLzEwLzE5I0FyMDAyMDM=&Mode=Gif&Locale=english-skin-custom

Thanks for the information. and the Judgment.

Thanks for the Judgment copy, very informative, even I am a IT Security professional and also a certified Cyber Law professional, but few things left in reading.

Thanks