Text message as evidence

Text messages can be recorded. Read thefollowing.

What you need is a cell phone tracker. A cell phone tracker is a cell phone monitoring software that is virtually undetectable by the cell phone’s user. You can get text message records, see what emails are being sent, and even spy on a person’s cell phone in real time, just by installing the software onto the person’s phone. They won’t have any idea that the software is installed, and they will have no idea how you are getting their information.

Content details of the sms are not maintained by the mobile service providers and hence cannot be obtained. Only other details like the mobile phone no from which the sms was sent and received, date, time, location from which the sms was sent and received can be obtained and not the exact content of the sms. Period

Regards

Dear Rama cherry Sir , The mobile no was 5 yr old active today it might be used by someone else and i wanted only sms details which was sent by 1 particular no to our no...
So i dont think tracker will be useful in this scenario.

Dear Rajiv ,

As now the sms which was stored in the cell has been lost but i have back up in pendrive which can be opened by using nokia pc suite and it shows excat contain and type as per our records and moblie companyies record will court accept it as a proof from accused side ?

Thnaks to both of you

Dinesh

Dear Dinesh,

Since you have deleted the sms from the memory of the mobile phone on which it was initially received and recorded, it means you have lost the original sms and the back up in the pen drive will count only as a copy of the original sms. As far as the admissibility of the electronic evidence in court is concerned, it is necessary to provide the original media containing the original sms for the scrutiny of the court and its copies (as you have in the pen drive) are inadmissible. The only option left for you is to try and shift that sms from the pen drive to the memory of the mobile phone in such a manner that the forensic experts fail to detect this tampering. For electronic records to be admissible in court of law it is essential to rule out all types of tampering (addition, deletion, splicing etc) and for that you need to provide the original memory card or the phone (if it was recorded in the phone memory and not the memory card) to the court. The sms records from the service provider can only prove that a sms was sent from x number to y number on such and such date and time but it cannot prove the contents of the sms. Hope it clears all your doubts. In Parmod Mahajan's murder case it was proved before the court that it is possible to change the contents of the sms by the receiver. So the task before you is very tough if not impossible. You should try your best and see how it turns out.

Good Luck.

Thanks Rajiv for the valuable information in  this matter will try my level best to follow what you have told.

Dear All ,

After manny days efforts i am able to recover all text msgs from phone memory now i have it my phone , my concern here is as phone is 8 yrs old and its a electronic device if something goes wrong i mean if phone goes off permanantly or virus comes or any other technical prob happens ythen again we will be loosing very imp evidence , my lawyer is saying we will not diclose our evidence in advance to other party.

Can i personally ask court to verify all the content of sms and submit it as a proof so even if some problem happens then i would have it as a court verified evidence i want to do it as soon as possible . pls guide.

The only concern now is mobile companys record shows timing of msg as lets say on 2/3/2008 10:35:16 am and timing in mobile is showing as 2/3/2008 10:35:6 , Just wanted to know from all the experts will this affect the evidence.

I enquire with some frnds working with mobile service provider company they said that first msg is delivered to the receipent thats me and then the report is generated and sent to service center / message center so it can be 5-10 seconds late.

Is IT RIGHT WHAT SHOULD I DO IN THIS MATTER ?

PLS REQUESTING ALL OF YOU TO ADVICE>

Some of the members were having problem to find this topic in the forum so just bringing it up.

it is a evidence of the case discussed here section 306 misused to harrass male the text messages are sent from the deceased girl to the boy and boy has it istored in his cell phone.

There is another topic "Text Message as evidence " which is realated to the above mentioned case of 306 only...

if SMS are stored in mobile and corrborated by call detail from service provider are admissible u/s 65B , 85B and 88A of Indian Evidence Act 1872