Mobile SMS as evidence of Adultery

I do admit the answer of Shri gopal soni, but to prove the adultery name of the person with cogent evidence is necessay

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i do agree all answeres but i add:

To prove adultery you must show the fact of s*xual intimacy. That cannot be proved by SMSs. 

i do agree with the answers but according to section 4 of the Information Technology  Act  ,2000 read as :

4. Legal recognition of electronic records - Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is- (a) rendered or made available in an electronic form; and

(b) accessible so as to be usable for a subsequent reference.

so as per my opnion and according to above mentioned sec. it can be a evidence....  

what are different probable evidences that a cheated and deprived wife can produce before court to prove harassment over her by her husband..?

what are the proofs to be produced to prove husband's adultary?

please advice..

@Kamlesh

As rightly quoted by @Vijay, SMS in a form which could legally be accepted and thereby proved by FSL or similar Govt. Invetigating agency would have a bearing on the case. If you can firstly show the SMS in the mobile from which it was sent then nothing better however, if you have soft-copies of it in your computer then you can fetch a call record from the service provider and match the time with the one you have in posession.

Other circumstancial evidences would prove the neccesary charges however cases of Adultery though very high are difficult to prove. Only in inference could be drawn from your evidence.

@Utpala

A.1 - All what a woman has should be consulted with a lawyer and he can further those in the court with proper statutary headings. Your question is very general hence I cannot mention a specific way to take action.

A.2 - Proofs of adultery should contain material that indicate or prove if the husband had s*xual relation outside the matrimony. Here the complexity of the law comes into play. See the provision below:

Section 497. Adultery

Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rap, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not  be punishable as an abettor.

Its an offence committed by a married man in with another married woman. Would a woman, who has been living in adultery with a man, give evidence against her own wrong? I think the answer is NO. Now the situation is very obscure. Unless a reasonable apprehension could not be created in the mind of the Judge regarding such act of intimacy, it is very hard to prove.

MY QUERY

This section raises my doubts on the darfters of this Code(IPC,1860). When such adulterous man is pushished under this section then why woman has been excluded and she is excluded to an extent that she could not be punished even as an abettor. Anyone in the forum please reply to this confusion.

//peace

/Saurabh.V

if the SIM card is in different person's name but the language clearly indicates the person to whom these are sent and the language clearly indicate the se*ual relation between them

Utpala,

I dont know the exact cuase of dispute bet ur husby n u.. but if its true den only u can think of evidences. But if its just to harm or to bend him den he may in return can defend the same or allege u for file defamation.. just think in depth n if possible try to midiate pls.. such allegation should be last options only....

its my advise just...rest u know well...

well utpala.... if the sim is in different name ...... u cant do anything even if the language or wat ever is same .... 

THANKS...

Dear saurabh 

answer to your query::::

offence of adultery is crime against the marital rights of a man. A man who marry with a woman have a ethical right that she ll be honest for him. But a foreign person who doing adultery infringes his right. And woman is consenting party and used as media only for this offence. She never assumed as accomplish. 

To prove Adultery SMS can never be strong evidence. The basic ingredient of adultery is "s*xual intercourse". so one can never prove intercourse thru SMS. 

And also:

SMS is a very weak type evidence and it can be rebutted by mere a plausible explaination. like utpala say that sim was not in the name of such person or the mobile was hacked over. It can be said that husband own made sms as well.

So if only SMS is the thing on which your case is depend then forget it that u be succeed. 

collect more direct evidence of s*xual intercourse that may help you.

Section 497. Adultery

Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rap, is guilty of the offence of adultery, and shall be punished with imprisonment of either descriptttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not  be punishable as an abettor.

@Ravikant ji

Is the punishment awarded for the act or for being man? The act is unscrupluous not only on the part of the man but equally on the part of the woman.  Either both be punished as culprits or the Section be revoked.    I feel its in violation of the Art. 14 of Constituion of India . 

The criminology as I have understood, does not differentiate amongst the wrongdoer and the accomplice. May the law has drafted it in a manner so as to show the wife as an accomplice and a property of the man who complains but isnt 497IPC unfair?

//peace

/Saurabh.V

then is is very difficult to prove adultery...nobody does those activities( specially illegal) openly!!