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maks (SE)     25 February 2013

Post paid mobile phone bill as evidence?

A 498A case along with DVC are filed against me and my family, alleging that we harrassed and throwned her out from our house on some date(some date comes on sunday). On that date I was not at my house in my hometown, instead i am at my working location(in room, not in office), Banglore which is in other state. on that weekend i used my mobile phone and made couple of calls to home and friends.

Now my question is, can i use my post paid phone bill as evidence that on the day of incident mentioned in the complaint, I was not at that place at all and it is a false case?

 

Thanks in advance. very thankfull for the responses.



Learning

 14 Replies

Kiran Kumar (Lawyer)     25 February 2013

You will be required to summon the records from the concerned Service Provider to prove te calls made and contents of the bill.

 

Yes it is good piece of evidence.

1 Like

(Guest)

Upto how many years we can get that call records for pre-paid mobile?

maks (SE)     25 February 2013

@DEV: 1 year.

@Kiran: 

"You will be required to summon the records from the concerned Service Provider to prove te calls made and contents of the bill."

could you please tell me how to initiate this process of sending summons to service provide for call and bill confirmation? why because this evidence was not considered by my lawyer, so i've no other options and can't discuss.

Kiran Kumar (Lawyer)     25 February 2013

Well that process has to be considered by your lawyer in fact.

 

Convince him about the relevancy of the evidence and in case he finds it to be a suitable one then he will move a necessary application before the concerned court.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 February 2013

The CDRs are maintained for 3 years now.

 

However, after One year the same has to be summoned through court orders.

 

 

 

Regards,
 
Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
 
Yahoogroups: https://groups.yahoo.com/group/sahodar 
 
If you don't fight for what you want, don't cry for what you LOST.
1 Like

(Guest)
Originally posted by : Shonee Kapoor

The CDRs are maintained for 3 years now.

 

However, after One year the same has to be summoned through court orders.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 

Handphone: +91-8010850498

Email: harassed.by.498a@gmail.com

 

Yahoogroups: https://groups.yahoo.com/group/sahodar 

 

If you don't fight for what you want, don't cry for what you LOST.

 Thanks Shonee,

Is this for post as well pre-paid mobiles?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 February 2013

Dear Querist

no need to summon the Telecom operator/Service provider, if the bill has been send by the mail to you by your service provider, according to section 65 B of Indian Evidence act

 

65B. Admissibility of electronic records.- (1) 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.

 

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—

 

(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;

 

(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;

 

(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and

 

(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.

 

(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—

 

(a) by a combination of computers operating over that period; or

 

(b) by different computers operating in succession over that period; or

 

(c) by different combinations of computers operating in succession over that period; or

 

(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,

 

all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.

 

(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—

 

(a) identifying the electronic record containing the statement and describing the manner in which it was produced;

 

(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;

 

(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,

 

and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

 

(5) For the purposes of this section,—

 

(a) infomation shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;

 

(b) whether in the course of activities carried on by any official information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;

 

(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.

 

Explanation.—For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.

 You have right to use these calls detail in your defense and alibi is one of best defense.

 alibi is a form of defense used in criminal procedurewherein the accused attempts to prove that he or she was in some other place at the time the alleged offense was committed. The Criminal Law Deskbook of Criminal Procedure[1] states: "Alibi is different from all of the other defenses; it is based upon the premise that the defendant is truly innocent." In the Latin language alibÄ«means "somewhere else."

Feel Free to Call

 

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

        +91  8802305262


(Guest)
Originally posted by : Shonee Kapoor


However, after One year the same has to be summoned through court orders.

 Hi Shonee,

You said "after One year the same has to be summoned through court orders"

But what about call details which are 8-9 months old.

I contacted Vodafone Prepaid Customer Care to get my call details which are 8 months older. They refused saying that they can only provide call details upto 6 months.

Is their any way to get my call details which are 8-9 months old?

I need to support few phone call recordings with those call details.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2013

Just move one step further to the supervisor level. Also, you can register yourself on thw website, bills upto One Year old in case of post paid are downloadable from the net.

 

You can complain to TRAI. It is your bill, you have the right to get copies.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

(Guest)

 

Originally posted by : Shonee Kapoor

Just move one step further to the supervisor level. Also, you can register yourself on thw website, bills upto One Year old in case of post paid are downloadable from the net.

 

You can complain to TRAI. It is your bill, you have the right to get copies.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

 Shonee Sir, apologize in advance to trouble you for asking same question again.

I want to obtain vodafone PREPAID bills of last 9 months as I have few important mobile call recordings which I need to support with call details.

I tried contacted Vodafone prepaid customer care and relationship center but they refused saying that they can only provide last 6 months call details of a prepaid number.

Do you have any opinion to obtain vodafone PREPAID call details that are 9 months old?

Thanks by advance

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2013

Dear Sir,

 

I have obtained copies of bills for more than ONE YEAR just by going to supervisor and then to manager level. I threatened them of a complaint.

 

Ask the name of the person denying it. Ask the name of the manager, get the number of reques no. 

 

They have to work and that is why they deny. Tell them that you have a TRAI Circular, which mandates them to maintain the record for 3 years. Ask them who is the person in authority denying this circular.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

rajiv ranjan (abcd)     04 March 2013

DEAR SHONEE SIR,

AS FAR AS MY KNOWLEDGE GOES, IT IS MANDATORY FOR THE CELLULAR MOBILE SERVICE PROVIDERS TO MAINTAIN THE CALL DETAIL RECORDS FOR A PERIOD OF ONE YEAR ONLY AS PER THE TERMS & CONDITIONS OF UNIFIED ACCESS SERVICE LICENSE (AND NOT FOR THREE YEARS) BEYOND WHICH IT IS LEFT TO THEIR DISCRETION WHETHER TO MAINTAIN OR DELETE THE RECORDS. I AM ATTACHING THE REPLY OF SHRI SACHIN PILOT (FORMER MOS FOR TELECOMMUNICATIONS) GIVEN IN PARLIAMENT IN 2010 TO SUBSTANTIATE THE AFORESAID STATEMENT. SECONDLY, I CONGRATULATE YOU FOR THE INVALUABLE HELP THAT YOU HAVE PROVIDED OVER THE YEARS TO THE VICTIMS OF FALSE 498A CASES. KEEP THE GOOD WORK GOING. YOU ARE AN ASSET TO THIS FORUM.

REGARDS


Attached File : 506958516 preservation of telecom records - pib.pdf downloaded: 75 times

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 March 2013

I base my reply on my personal experience where I got records which are older than one year and the licensing terms, which mandates 3 years

pib.nic.in/newsite/PrintRelease.aspx?relid=6532

The LICENSEE shall invariably preserve all billing and all other accounting records (electronic as well as hard copy) for a period of THREE years from the date of publishing of duly audited & approved Accounts of the company and any dereliction thereof shall be treated as a material breach independent of any other breach, sufficient to give a cause for cancellation of the LICENCE.


Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

rajiv ranjan (abcd)     05 March 2013

SHONEE SIR,

THERE SEEMS TO BE SOME CONFUSION ON THE MATTER. IT IS TRUE THAT BILLING AND OTHER ACCOUNTING RECORDS ARE MANDATORY TO BE ARCHIEVED FOR A PERIOD OF THREE YEARS BUT CALL DETAIL RECORDS DO NOT FALL IN THIS CATEGORY. CALL DETAIL RECORDS COME UNDER THE CATEGORY OF " COMMERCIAL RECORDS WITH REGARD TO THE COMMUNICATIONS EXCHANGED ON THE NETWORK" AND FOR THE SAME THE CLAUSE OF LICENSE AGGREMENT IS AS FOLLOWS - " THE LICENSEE SHALL MAINTAIN ALL COMMERCIAL RECORDS WITH REGARD TO THE COMMUNICATIONS EXCHANGED ON THE NETWORK. SUCH RECORDS SHALL BE ARCHIVED FOR ATLEAST ONE YEAR FOR THE SCRUTINY BY THE LICENSOR FOR SECURITY REASONS AND MAY BE DESTROYED THEREAFTER UNLESS DIRECTED OTHERWISE BY THE LICENSOR". FROM THE ABOVE IT IS APPARENT THAT IT IS OBLIGATORY TO MAINTAIN THE CDR FOR A PERIOD OF ONE YEAR ONLY. THE WORD MAY INSTEAD OF SHALL IN THE LICENSE AGGREMENT CLEARLY REFLECTS THAT THE COMPANIES CAN KEEP THE RECORDS BEYOND A PERIOD OF ONE YEAR IF THEY SO DESIRE AND THIS IS THE VERY REASON THAT PEOPLE CAN OBTAIN CDR OF BEYOND ONE YEAR THROUGH COURTS SUBJECT TO THEIR AVAILABILITY WITH THE SERVICE PROVIDER IF THEY ARE MORE THAN ONE YEAR OLD. RECENTLY, IN JOURNALIST JAY DAY'S MURDER CASE IN MUMBAI, THE INVESTIGATION AGENCY COULD NOT GET THE CDR BEYOND ONE YEAR PERIOD BECAUSE THEY WERE ALREADY DESTROYED BY THE SERVICE PROVIDER.

REGARDS


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