Is installing a spy software in your spouse’s mobile after knowing of an extra-marital affair a crime? Can the evidence gathered from such software be admissible as evidence in court?
Installing a spy software in any other person mobile is not intruding his/her privacy for reason of gathering evidence for using in court of law is not a crime but if you misuse the information like publishing it on facebook, whatsapp or you try to blackmail the person then it is a crime. Digital evidence may be produced in court accompanied by an affidavit under Section 65B of the Indian Evidence Act. Records will have to be sent to one of the FSLs (Forensic Science Laboratories) to authenticate the evidence. FSL testing is a time consuming process.