cyber evidence
rdburmanmusic
(Querist) 30 March 2010
This query is : Resolved
sir ,conversation bw my fatherin law who has threatened me thro mobile but it could be recorded, and he has sent some sms to his daughter which is important document but she deleted it. can we get conversation record or sms from mobile company now? if it comes thro legal direction can we get documents and recordings from company? pls give me valid and authenticatred reply as i didnt get proper reply from anybody regarding cyber evidence of getting sms and call conversation from company.
Kiran Kumar
(Expert) 30 March 2010
well if there is some proceedings are pending in the court then definitely the Mobile company can be compelled to produce the record in the court, however it will be through the process of court.
in case of criminal investigation by the police then also the SP or SSP or CP or the district incharge of police can seek details from the said company for investigation purposes.
rdburmanmusic
(Querist) 30 March 2010
thanks sir but i heard mobile company will provide only data of conversation or messages but not voice clippings of conversation or detail of sms. is it true or we will get full details i was in doubt.. is it so?
Parthasarathi Loganathan
(Expert) 30 March 2010
Any service provider is legally obliged to furnish the information to court but subject to compliance of procedures.
Parveen Kr. Aggarwal
(Expert) 31 March 2010
Perhaps no record of the contents of SMSs are maintained by the cellphone companies.
rdburmanmusic
(Querist) 31 March 2010
thank u sir. it will be better if they keep details of voice clips and sms content.
Sanjeev Panda
(Expert) 31 March 2010
I do agree with Mr. Kiran, but the question here is that do the mobile company keep the voice records or transcripts of SMS. If they do keep then they are bound to furnish it to the court or police during investigation (See Section 91 Cr.P.C.)
rdburmanmusic
(Querist) 31 March 2010
till now i m seeking same doubt to all.. will they keep thousands of thounds of conversatons and sms bulks of thousand of thousnds of people as record ,thinking that some time legally it may help? or can data can be converted to voice clips or sms letters as and when law ask it? can it be clarified after getting details from mobile companies like airtel,vodafone etc?pls get this details if anyone who knows exact real information from companies or cyberexpert or any such evidences proved in court of law. waiting for reply.
Parveen Kr. Aggarwal
(Expert) 01 April 2010
You may apply with the Regulating Authorities under the RTI Act and get the information.
