Cell phone got software problem
rimi
(Querist) 04 May 2015
This query is : Resolved
i am in a great trouble. my cell phone on which i had lot of recording as proof is not working due to some software problem. service center people says while repaing the
data stored will be lost, same with local service centers. i had taken backup of all data on my computer. and i think fornesic persons will find data still on it as ram has not been tempered, only software startup problem is there. will that backup data still work as eveidence in DV case/498a or not. i am desperate. please help.
Dr J C Vashista
(Expert) 04 May 2015
Unfit query.
However, you are to prove it in your evidence that there is no tempering of recording/ data.
Rajendra K Goyal
(Expert) 04 May 2015
The data can be taken as evidence provided it is proved through evidences.
Kumar Doab
(Expert) 04 May 2015
Try to involve the service center and company into email conversations and let them state what is the problem,that what shall happen during the service/repair and how to save the data, what shall happen to RAM..............and let them also suggest that the data can be transferred to .............
You may also check with your lawyer and that the call recordings can be transferred to CD and submitted to court with memory card.............or not.
Your lawyer may opine that court can order the call recording/call log from service provider.....
Once you have understood the options from your lawyer decide what shall suit you.
T. Kalaiselvan, Advocate
(Expert) 05 May 2015
There is a procedure to be complied with while producing the evidence in the form of electronic media, any deviation in that procedure will render the evidence invalid or inadmissible.
