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Can the sms contents be retrieved through service provider?

Page no : 4

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

It should be with all MSP

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..)     20 October 2011

Thanks @ shonee, her MSP is airtel and the SMS under contention are about two years old by now. So in think calling her CDR in court should be possible..

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     20 October 2011

Well, your MSP (Mobile Service Provider) is Airtel.

 

I think all MSPs are required to store all data permanently. The policy is to have them in tiers. i.e. last year, last 3 years, last 5 years, last 7 years and permanent storage.

 

Court order/request will be binding on MSP to clarify the true position. It seems Sec 91 Cr.P.C has worked.

 

This being the case, the same method should be adopted in this case as well.

Manav Kalia (Arguing my own cases..)     20 October 2011

@ psuresh, Can you clarify about MSP tiers? Thanks..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

I don't know about tiers.

 

I know that they take backup on tapes which they should maintain for minimum seven years.

 

Airtel would be no exception.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..)     20 October 2011

Thanks @ shonee buddy.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     21 October 2011

As of tiers, there are no tiers for MSPs. It applies only for backups.

 

Airtel is amongst the first MSP in India and as far as I see, it has kept itself uptodate with contemporary technologies. Backup is not even a technological requirement, but is a fundamental, rather mandatory requirement. MSPs also need such MSPs for various inhouse, business and legal purposes. Even the legal framework of the nation i.e. government orders also makes it binding on the part of MSPs to have a sound backup strategy. Thus, the chances of Airtel being able to provide you the required data is fairly high.

 

However, the only doubt is whether it is accessible to common man? That is why you should try accessing this information through the section under CrPc that has yielded desired results.

 

All in all, it will be like this: You move the court/authority under your signature. The court/authority gives the order/request. Airtel gives you/that authority the result.

Manav Kalia (Arguing my own cases..)     21 October 2011

Thanks very much @ psuresh

Laws Of Attraction (ADVOCATE)     10 January 2012

Any service provider maintains the phone and sms data only for 3months what ever may be the circumstance. Subject to the importance of the data in the phone it is admissible in court by court's order and direction.

Laws Of Attraction (ADVOCATE)     10 January 2012

Any service provider maintains the phone and sms data only for 3months what ever may be the circumstance. Subject to the importance of the data in the phone it is admissible in court by court's order and direction. Hope you got your required reply.......

Manav Kalia (Arguing my own cases..)     10 January 2012

@attraction, this three month period would be applicable only the SMS contents or the entire call data records of the user? Previously it had been opined by other members in this thread that the phone data is stored by provider for seven years? Please clarify.. Thanks..

(Guest)

As I mentioned, it is possible to SPOOF SMS messages. The carrier will transport the SMS message from  Phone X to Phone Y but make the message on Phone Y appear as if it came from Phone Z.

An example

Estranged wife, technically can prove that the SMS message that the husband received from his cell phone is from his mistress. 

If anyone wants a demo of the above, send me ( via PM  ) a cell phone # and what text you want to be sent and from which phone number you want that SMS sourced and I can demonstrate that this is possible.The demo should only be used for educational purposes and not to harm or harass anyone.

The validity in court requires other technical methods to prove that those messages are not spoofed.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

There is no such rule of 3 months.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     29 January 2012

Originally posted by :Adam
"
The carrier will transport the SMS message from  Phone X to Phone Y but make the message on Phone Y appear as if it came from Phone Z.   -----------        The validity in court requires other technical methods to prove that those messages are not spoofed.
"

Oh My God! if messages can be spoofed as is suggested, then it is hell!

This is the reason why 'Evidence act' does not accept electronic records at face value.

Having come this far, it is pertinent to reveal what are the technical methods that will be acceptable in court. Else, the whole exercise will become futile.

ranjeeth (manager)     29 January 2012

HI  Shoneeji,

  My  Wife sends abusive meassages in chat  can that be proof , she is sending that from unknown ID can we  prove that ... from which  Ip address is she chatting ... will that help in my DV case 

 

Thanks in advance


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