Hacking Social Media Accounts
Hacking social media accounts refers to the unauthorized access or intrusion into another person’s social media profile, such as Facebook, Instagram, Twitter, or LinkedIn, with the intent to steal personal information, impersonate, defame, harass, or commit fraud.
Legal Aspects of Hacking Social Media Accounts
Unauthorized Access: Gaining entry without permission violates privacy and often breaches laws related to computer misuse.
Data Theft: Extracting personal, financial, or confidential information.
Identity Theft & Impersonation: Using someone else’s account to deceive others.
Defamation or Cyberstalking: Using hacked accounts to harass or defame individuals.
Damage to Reputation and Mental Trauma: Psychological harm caused to victims.
Breach of Terms of Service: Social media platforms prohibit hacking and have their own enforcement mechanisms.
Applicable Laws in India (as an example):
Information Technology Act, 2000 (IT Act) — especially Sections 66 (Hacking), 66C (Identity Theft), 66D (Cheating by personation using computer resource).
Indian Penal Code (IPC) — Sections 379 (Theft), 406 (Criminal breach of trust), 500 (Defamation), and 507 (Criminal intimidation by anonymous communication).
Cybercrime Rules and Amendments for digital offenses.
Case Laws Related to Hacking Social Media Accounts
1. Shreya Singhal v. Union of India (2015) — Supreme Court of India
Context:
Though this case primarily dealt with the constitutionality of Section 66A of the IT Act (which was struck down), it laid the foundation for understanding freedom of speech and the limitations on digital expression.
Relevance to Hacking:
The judgment reinforced the importance of protecting digital rights but also clarified that cyber laws can regulate misuse, such as hacking and online harassment, to maintain public order and individual rights.
Key Points:
The State must balance freedom of speech with the need to prevent misuse such as hacking.
Laws against hacking and cyber offenses must be precise and fair to prevent arbitrary use.
2. State of Tamil Nadu v. Suhas Katti (2004) — Madras High Court
Facts:
The accused hacked into the victim’s email account and sent obscene messages to the victim’s acquaintances, causing defamation and emotional trauma.
Judgment:
The Court convicted the accused under Sections 66, 72, and 43 of the IT Act. It recognized hacking into email/social media accounts as a serious offense causing mental agony.
Significance:
Recognized hacking as a criminal act punishable under IT Act provisions.
Established that unauthorized access and misuse of social media/email accounts violate privacy and are punishable.
3. Anvar P.V. v. P.K. Basheer & Others (2014) — Supreme Court of India
Context:
The case dealt with the admissibility of electronic evidence.
Relevance:
Since hacking involves digital data, this ruling emphasized the need for proper certification of electronic evidence for prosecution. Without following Section 65B of the Indian Evidence Act, electronic evidence (like chat logs or hacked messages) may be inadmissible.
Key Takeaway:
Prosecution of hacking cases depends heavily on admissible digital evidence.
Courts must ensure authenticity and integrity of electronic proof.
4. Rohit Goyal v. State of Haryana (2018) — Punjab and Haryana High Court
Facts:
The accused hacked into the victim’s Facebook account, posted defamatory content, and created a fake profile to harass the victim.
Judgment:
The Court held the accused guilty under Sections 66 (Hacking) and 500 (Defamation) of IPC. The court recognized the emotional and reputational harm caused by hacking social media accounts.
Importance:
Confirmed that hacking accounts for defamation and harassment is punishable.
Highlighted the courts’ willingness to impose strict penalties to deter cyber harassment.
5. T. Ashokan v. State of Kerala (2020) — Kerala High Court
Facts:
The accused hacked into the victim’s Instagram account and misused it to blackmail the victim.
Decision:
The Court held that hacking for extortion and blackmail falls under Sections 66, 72, and 384 of the IT Act and IPC. The accused was sentenced for cyber extortion and hacking.
Significance:
Established that hacking combined with blackmail/extortion attracts multiple charges.
Highlighted the severity of crimes involving misuse of hacked social media profiles.
Summary
Hacking social media accounts is a serious cybercrime with legal provisions under both cyber laws and criminal laws. The above cases demonstrate that Indian courts have recognized hacking as an invasion of privacy, a source of defamation, harassment, and blackmail, and a punishable offense under the IT Act and IPC.
Proper digital evidence handling is critical for successful prosecution. Courts also emphasize the emotional and reputational harm caused by such crimes and have increasingly imposed stringent penalties.
RELATED Blog
0 comments