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Pavitra Prabhakar (MBA)     17 July 2013

Is cdr call details are acceptable as evidence

helo to you all

in FIR filed against me in 498a , it is alleged that i visisted to a different city and thrashed wife and others ( bogus incident ). but in reality wife was exchanging text messages with me via her mobile numbers on the said DAY .

i obtained call details from mobile operator that clearly shows that my location was in my home town 100 kms away from the reported crime scene and it also shows that there were exchange of messages between me and Smt.

Investigating ofiicer attached the call  details in its case diary with a note sataing it doesn't make any conclusion.

Sir I want to know whether these call details are admissible as evidence and helpful to me in my case.

thanks to you all.



Learning

 5 Replies

jai kishan (victim)     17 July 2013

@ The victim,

Call detail records are very much admissible in evidence. Read the following Supreme court judgement " 2005 CRIMINAL LAW JOURNAL 3950, STATE (N.C.T. OF DELHI) VS. NAVJOT SANDHU" where the apex court has clearly held that " CALL RECORDS RELATING TO CELLULAR PHONE ARE ADMISSIBLE AND RELIABLE". By the way, how were you able to obtain the call detail records from the operator? was it through the help of police? how old are the call detail records? and which service provider/company? prepaid or postpaid?

Jai Kishan

1 Like

Pavitra Prabhakar (MBA)     17 July 2013

thanks jai kishan ji,

I obtained the call details of my pre paid mobile from BSNL and at that time( jan 2010) , BSNl was providing the call details inclusive of all incomig and outgoing and even the codes of the bts towers .

now they have changed the process and not giving the cdr to anyone from public

Hari Krishna (Student)     17 July 2013

 It is good that u got the evidence of the cal details and msg conversations wid ur wife. it easily proves ur alibi. the evidence u have wid u nw will be sufficient that u r innocent. i suugest u to consult a good advocate. al da best

1 Like

Alapati Prasad (Engineer-Business-Lawyer)     18 July 2014

it is better u obtain the call data with a request to the court through ur advocate.  The call data need authentication of the service provider. Better again u obtain the same through the court .  The call data, u r having shall be produced to the court through ur advocate. It will be very much useful in the case in ur favour. call data after certain period will not be kept in storage by the service provider. Apply  to the court immediately to obtain call data from the service provider.

Amit Kumar Bhardwaj (Project Manager)     18 July 2016

Originally posted by : Alapati Prasad

it is better u obtain the call data with a request to the court through ur advocate.  The call data need authentication of the service provider. Better again u obtain the same through the court .  The call data, u r having shall be produced to the court through ur advocate. It will be very much useful in the case in ur favour. call data after certain period will not be kept in storage by the service provider. Apply  to the court immediately to obtain call data from the service provider.

 


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