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RAJU............ (Business)     26 October 2011

Sms threat comes under cyberlaw?

Is any threatning Message in the form of Cellphone SMS comes under CYBERLAW?

Whom to contact in such instances?

Whether in criminal proceeding at court will act as evidence?

 



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 17 Replies

Ravikant Soni (LAWYER IN JAIPUR)     26 October 2011

yes it comes in ambit of cyber crime.

1 Like

(Guest)

ya it come under cyber law 

1 Like

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     27 October 2011

yes, you can contact cyber cell in your area 


(Guest)

How can it be a cybercrime? If someone orally threatens you on telephone or mobile, its a direct threet. IN FACT ITS A DIRECT THREAT ON YOUR MOBILE .Since its  a SMS, its direct WRITTEN THREAT On your phone. Take a print out and lodge a complaint with cops.


(Guest)

Argument that SMS is not cybercrime: 1. When internet didn't exist, telephonic threats used to be considered direct threats.

2. When mobles didn't exist, Telegraphic or wireless device threats used to be considered as Direct threats.

3. When mobiles[wireless telephone-advanced version] came into existence, SMS became akin to a Telegram. So thats it.

adv. rajeev ( rajoo ) (practicing advocate)     27 October 2011

It can be treated as evidence in the court.

RAJASEKAR (Advocate)     27 October 2011

its comes under the defination of cyberlaws.


(Guest)

Mobile to Mobile is direct threat/crime. Web to mobile is cyber crime.


(Guest)

Is morse code telegraphic threat a cyber crime?

RAJU............ (Business)     27 October 2011

Thanks,  Can you give some court decisions on SMS as evidence?

M.Sheik Mohammed Ali (advocate)     27 October 2011

yes, as per evidence law SMS evidence is admitted, you may file a criminal action against him

1 Like

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     28 October 2011

Section 65B(1) of the Indian Evidence Act, 1872. It states that, “Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.” Thus evidence in an electronic form is admissible under the Indian Evidence Act, 1872. 

1 Like

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     28 October 2011

in State of Delhi v. Mohd. Afzal & Others, it was held that electronic records are admissible as evidence. If someone challenges the accuracy of a computer evidence or electronic record on the grounds of misuse of system or operating failure or interpolation, then the person challenging it must prove the same beyond reasonable doubt. The court observed that mere theoretical and general apprehensions cannot make clear evidence defective and in admissible. This case has well demonstrated the admissibility of electronic evidence in various forms in Indian courts.

State v Mohd Afzal, 107(2003)DLT385

vinay (CCE)     29 October 2011

is warning SMS for Legal action is a crime


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