Hacking of Opposite party's email during pendency of case
In India should hacking of spouse email account and forwarding emails from it, during ongoing contested Divorce, attract charges under IPC sections 419 & 420,when sections of Information Technology Act have already been charged ? If not,what arguments and judgements can be used to convince court that the charges under sections of IPC especially IPC 420 do not apply?
If you engaged in any act of cyber crime which caused loss to someone- then charges of cheating and fraud under Sections 419 and 420 of IPC can be rightly applied to you in addition to the charges under Information Technology Act.
However, if you can prove to the court that you engaged in such an act due to lack of alternatives in proving your innocence, i.e. your actions were not meant to gain any undue advantage but just prove your innocence then the court may let you off. If the court does not, you can approach the High Court and seek relief under Section 482 of CrPC- which allows the court to do anything to ensure complete justice.
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