Section 66-C Punishment for identity theft. (Inserted Vide ITA 2008)

Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of eitherdescription for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh

2) if you have hacked into your wife account or used her password for email account to access your wife bank statement then offence is made out under section66 c of It act

3) you should deny her allegations . Mention that you did not hack into her account or use her password to her email I'd to access her bank statement

4) bank officer had no business to forward you wife bank statement . He has committed an offence under section 409 ofIPC

Burden of proof is upon wife to prove that husband accessed her email Id or bank account to obtain her bank statement

2) deny that bank manager forwarded statement to you

3)take the plea that statement was given by wife only

Hii, in attracting these sections she has to prove that the statements were obtained by you from the bank .. However , it is very difficult to do so .. In the enquiry you can say that the statements were not obtained by you ..

That is the only defense that you can take, that the statement was provided to you by her only, otherwise you will be slapped with sections of IPC for infringing upon her privacy.

Regards

1. A bank statement may be treated as a movable property, but the movable property owned by one cannot be laid hands on, much less used, by another person without the consent of the owner.

2. The bank and its officials who deliver the statement of accounts of an account holder without his consent to anybody including the spouse of the account holder, commit the offence of criminal breach of trust and 66C IT Act. The spouse too is as guilty as the bank officials.

3. The wife does not have to prove that she did not take the statement. If she launches a criminal prosecution of the husband and bank then she has to prove that the statement was obtained by her husband in collusion with bank. This can be gathered from the surrounding circumstances in which the statement was obtained and attempted to put to use.

An access to bank statement or her personal details by her spouse during the cordial relationship between them is normal and there wont be any hue and cry over it, whereas when the difference of opinion or a conflict arose between them, this becomes a centre of attraction, and immediately they will scrutinise the provisions of all such laws that would point the fingers for the possible crime to depict him as a privacy invader, etc.

These are common allegations which may not stand during trial proceedings hence no weight to be attached to this , let it go one round.

This can be challenged in the trial court if it turns out to be a case.

husband never accessed her emil id or bank account ,can theft 379 ipc be slapped upon him ,how will she prove that she has not taken the statement on her own or banker has accessed the statemnt and passed to me .husband says that the statement was given to him by her only.

The stand taken to defend his position shall be various and many more ideas will creep into the mind at the time of trial, hence for the present just wait and watch the developments.

First she has to prove her allegations beyond doubt after which the husband can defend himself appropriately.