Presumption as to sms messages
Prakash
(Querist) 28 April 2012
This query is : Resolved
Ld counsels,
Section 88A lays down the presumption regarding electronic messages which includes email as well as SMS.
This provision is an extension of presumption as to telegraphic messages according to which the contents of the message need to be proved from the records of the telegraph office and further there is no presumption with regards to the sender of the message.
SMS messages dont get stored/retained beyond a limited period by the service provider. How will the contents be proved in case the receiver show a copy. can there be any presumption if alleged SMS is reflected in the bill statement of the sender.
Please provide your valuable opinion, thanks,
Prakash
(Querist) 28 April 2012
Receiver show the copy of SMS stored his mobile phone.
SAINATH DEVALLA
(Expert) 28 April 2012
Dear Prakash,
From the service provider the time and date when an sms has been sent from a particular mobile number can be ascertained,but they cannot say as to who has given the sms and also the contents of the sms are not stored.If it is saved in your mobile or computer,then the same can be produced as an evidence in the court.But the court will examine the authenticity fo such sms.
88A. Presumption as to electronic messages. The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee 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.
For the purposes of this section, the expressions “addressee” and “originator” shall have the same meanings respectively assigned to them in clauses (b) and (za) of sub-section (1) of section 2 of the Information Technology Act, 2000
PARTHA P BORBORA
(Expert) 28 April 2012
Not at all . The call record can provide the information about the time, date, senders & receivers mobile no and their EMIE NO. but the original sms must be produces to show its contens.
Shonee Kapoor
(Expert) 04 May 2012
The same would need to be proved by getting the CDRs from the MSP.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
