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Ankit Saha (CEO)     02 January 2014

Cheating case

In the absence of any documentation or witnesses, can SMS be used to establish cheating? The case in question is A has given 10lacs to B in cash and B refuses to return. Only proof A has ia an SMS from B mentioning he will return the money shortly.



 5 Replies

Nadeem Qureshi (Advocate/     02 January 2014

Dear Querist

the SMS is electronic documents and  admissable in evidence according to section 65B of Act, it sufficient evidence to prove the case.

Laxmi Kant Joshi (Advocate )     02 January 2014

if the massage is clear that he is admitting 10L with him as a debt money and he will return it soon to you only then it will be admissible as an electronic evidence u/s 65B of Indian evidence act in the court .

Vikas Singh (Proprietor)     02 January 2014

massage can prove transaction of money refusing of the same can be considered criminal breach of trust but for cheating there should some material facts corborating to establish inducement, deceive then cheating r required.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) 9811210505)     04 January 2014

Dear Mr. Ankit Saha,

The communication should unambiguous, unequivocal and clear. If there is clear reply that you will return the money shortly to the sms demanding money, thereafter you did not return the money then you have to face the trial under section 420 Indian Penal Code. as this is loan  advance to you and handing over is part. you deceived the complainant into belief that you will return the money but did not return it comes under illustration (f) of section 415 IPC, which defines cheating. 

Rajiv Bhasin (Advocate)

Managing Partner 

Bhasin Legal Consultants

E - - Mobile 9811210505

SKapoor_Lawkonect (Lawyer)     06 January 2014

Yes, SMS can be used as admissible evidence in the light of Section 65 B of the Indian Evidence Act. According to the aforesaid section any electronic information which has been printed on a paper, stored, recorded or copies in optical or electric media produced by a computer shall also deemed to be a document. Electronic records have been given a legal recognition by way of Section 4 of Information Technology Act, 2000. The apex Court of India has accepted electronic records as admissible evidence in the case of State of Delhi v Mohd. Afzal. Similarly in State v Navjot Sandhu the court has accepted electronic records as secondary evidences where the original copy of the message is printed out by the prosecution. So, in the circumstances of your case you can very well use the SMS as a proof that A has taken money from you and it has yet not been returned. Moreover, you shall also try to substantiate your claim by other evidence such as bank passbook copies of money transferred, etc. Further as per Section 85 B of the Indian Evidence Act, there is a presumption as to authenticity of electronic records in case of secure electronic records (i.e. records digitally signed as per Section 14 of the IT Act, 2000. Other electronic records can be proved by adducing evidence and presumption will not operate in case of documents which do not fall under the definition of secure electronic records. 






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