(Guest)

Police collecting phone, ask for evidence receipt?

Respected Sir/Ma'am,

I have received some threat and obscene sms's on my phone. I have already taken photograph backups as well of these.

The police station where I had filed my FIR, they are asking me to hand over the phone to keep as evidence which they said would be produced in court as primary evidence.

However, the police station from past experience has a history of destroying evidence and manipulating people and evidence in order to benefit other parties

My Question now is whether I should ask for a Receipt of Evidence? If so, could you please point out what sections of the IPC/Law/ etc... will also help me justify my request?

I do not want to proceed without getting some sort of document signed by the police saying the mobile with the specific serial number has been taken by them, because they may 'accidently' misplace for a reasonable amount of money.

Also, I'm not sure about this since I'm not very familiar with legal knowledge, but if somehow the mobile went missing, then the photocopies I have will come under secondary evidence I think? If so, then will the case be weaker against the accused?

The phone I am refering to does not have any backup sms option as such and hence the phone is needed as the messages are stored internally on it and cannot be exported as its a very old model. Also some police people may 'accidently' wipe the messages out by 'mistake'

Is furnishing of evidence receipt mandatory by the police?

I hope I am not of any inconvenience. I appreciate the help by all the members of this community.

Regards,

Anup

Karnataka

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7 Replies

Sudhir Kumar, Advocate (Advocate) 27 July 2013

My Question now is whether I should ask for a Receipt of Evidence? If so, could you please point out what sections of the IPC/Law/ etc... will also help me justify my request?

Ans : Police will give copy of the fard for recovery without which they cannot produce any exhibit to court.

Sudhir Kumar, Advocate (Advocate) 27 July 2013

further, if you do not surrender evidence to police then they have justification to close the case (with or without fratification from accsued)

Daksh (Student) 27 July 2013

Dear Mr.Anup,

Take a Notary with you keep your Phone in a sealed packet let a reciept be taken for the same and further please do note the IMEI number and other details of your phone. As a abundant precaution let the whole data of the phone be taken back up before handing the phone. Last but not least like your call record you may ask for the data back up from your respective cell phone operator.

Best Regards

Daksh

Anup Singh (Employee) 27 July 2013

Thank you for the replies. I would like to ask if I could submit this evidence directly to the court instead? I will make sure I get a receipt of evidence for the articles I submit.

Advocate Ravinder (Advocate/Attorney) 27 July 2013

I completely agree with daksh. I want to add something. Before handing over the phone to the concerned police, contact commissioner of police and give a written letter that the cell phone is being handed over to the concerned police today and take acknowledgement of the letter. Then there will not be chances of tampering your data.

Sudhir Kumar, Advocate (Advocate) 27 July 2013

"Take a Notary with you keep your Phone in a sealed packet let a reciept be taken for the same and further please do note the IMEI number and other details of your phone."

Police will not recieve phone in sealed packet. They will prepare fard.

If you submit the evidence direct to court itself then how do you expect police will arrest someone and lodge a case so that you come to court with evidence. You are losing the case if not surrenderingexhibit to the police. You given the phone and insist on all dedtails to be recorded on fard.

Anup Singh (Employee) 29 July 2013

Thanks for the info. Actually I have asked for the receipt to be furnished also. It will take a few days. Unfortunately my phone is very old and there is no sms backup option. The sms isn't stored on sim card but its stored on phone internal memory and the phone software also doesn't support this (believe me im a software engineer). I will also contact commissioner. I have also taken picture backups just in case. Do these have any legal standing in the courts, if by some 'mishap' the messages are deleted. Also doesn't the CID have the power to take the case once the fir is lodged? Since this falls under IT Act right?