Validating SMS messages in Court

Hi,

what you can do is to interpret the provision of Information technology act 2000 read with Evidence Act 1913. In the Evidence Act 1913 messages by electronic modes (as deifned in InFotech Act) are accepted like email. You can ask you Advocate to interpret the definition of "Electronic modes" so as to include sms in the ambit of Electronic mode. In suport of your evidence you can take help from mobile service  provider.

I believe this should be accepted. The SIM card is not a "Bearer" the registered owner is reponsible for the safe custody and usage of the SIM card. If you have received an sms from any SIM then the registered owner is responsible and deemed to be the sender of the message (In case he claims he did not send the sms).

Vikash Dwivedi

Dear KNK,

It seems that some body is denying after receiving the cash though once he acknowledge the receipt of the same vide sms.. Ok As per Evidence act, sms has its own evidence value which you may find in the various citation in this forum. How ever to prove it before the court I think you may ask your lawyer to request the court to allow the service provider for the details of sent/received sms in the stipulated date. The service provider has all the back up, can be reproduce the same subject to getting order by the court.

All the best.

mobile brand and model?

Its technically possible, ie. Spoofing, to send SMS successfully as if it was sent from another number. It has alos been demonstrated by a technical expert in a similar case. The service provider keeps the log of all calls & SMS only for a fixed period of time so as it would be impossible to retrive it later.

How to get the content details from BSNL, How long will they keep the records?

They will provide it only on request from police or other investigating agencies. I'm not sure about the exact time period for bsnl. Its better to contact any bsnl office for more details.