Friday, September 09, 2005

The delete e-mail facility is a bad shredder. Like bad memories, some e-mails stay to haunt, and are triggered by random events, such as forensic experts and aggressive prosecutors.
If an e-mail would have been admissible as evidence to prove guilt, then the person who has deleted the e-mail to hide evidence can be in trouble. And this destroyer of e-mails according to Indian law can be anyone, and not just the person against whom proceedings are initiated.

Here is the provision, as amended by the Information Technology Act, 2000
S. 204 Indian Penal Code:-
Whoever destroys any... electronic record which he may be lawfully compelled to produce as evidence in a Court of Justice, on in any proceedings held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from produced or used as evidence before such Court or public servant as aforesaid... shall be punished with imprisonment of either description of either description of a term which may extend to two years, or with fine, or with both.

A click, and a button, and then "chakee peesing and peesing."

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