1. yes, SMS can be considered as evidence in certain cases as per the ammended IT ACt and Indian Evidence Act.
2. In the Ammended Indian Evidence Act, Section 88A has been included, which is provided below
After section 88, the following section shall be inserted, namely:- "88A. Presumption as to electronic messages.- The Court may presume that b electronic message forwarded by the originator through an electronic mail server to the addresses to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent."
3. A case law in this regard, I found is given below:
Indian Judiciary is also aware of the demand of the time and responding accordingly in the farm of some historical recant judicial decisions. Serving justice in record time, an Alwar Fast Track Court on April 12, 2006 sentenced 23 years old Management Student, Biti Hotra Mohanty, son of Orissa DGP-level IPS Officer B.B. Mohanty, to seven year's rigorous imprisonment for raping a German Scholar.
Mohanty was also slapped a fine of Rs.10000 for the offence that took place on March 20, 2006 at a Hotel in Alwar. The victim had sent SMS to her friends in India and abroad soon after, telling them of her plight. The Court admitted these messages as evidence, along with the victim's testimony. The Chief Judicial Magistrate (I) Ravindra Kumar Maheshwari, who created judicial history as the entire case was disposed off in just nine working days (within 22 days of the incident), pronounced the judgment. The attitude of the Judge Maheshwari played a major role in the case. Many of the legal experts in the country would have taken the view that since the victim went with Mohanty to the hotel and had drinks and dinner, it amounts to implied consent and therefore, was not a case of rape.
4. As per the ammended IT ACt, if the network service providers are negligent about giving correct subscriber information to law enforcers, they need to face potential legal consequences.
These ammendments have been done to consider the SMS as an Evidence (may be considered primary or secondary evidence depending upon the circumstances of the each case)
Learned Advocates: If anything wrongly stated, apologize me.