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Harisha Agrawal (Student)     23 April 2010

SMS is Evidence or not?

whether SMS is an evidence for supporting the case?



Learning

 10 Replies

K.C.Suresh (Advocate)     23 April 2010

If the sender and receiver can be identified the same will get evidentiary value.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     23 April 2010

yes it isan evidence.

1 Like

bhuvanesh mohan (partner)     23 April 2010

SMS can not be treated as valid Evidence till the identity of sender and receiver is not verified

1 Like

Ankur Garg (Company secretary)     23 April 2010

Agree with the learned members. Identity of receiver and sender must be established in order to consider a SMS as valid evidence.

Best Regards

1 Like

Sanjeev Panda (Advocate)     23 April 2010

The SMS being a digital evidence can be treated as an evidence provided the identity of the receiver and sender is established.

1 Like

SANATANA PANDAY (presiednt of a trade union)     23 April 2010

sms is valid when the sms status bring from the network provider, it is not valid in the mobile phone bcos in mobile phone the date and time  ca be changed

1 Like

Akhilesh Kumar (Legal Counsel)     23 April 2010

It can be treated as supportive evidence if sender is verified

1 Like

Harisha Agrawal (Student)     24 April 2010

Thanks alot everyone.

D.MANJUNATH (ADVOCATE)     25 April 2010

I FULLY AGREE WITH MR. PANDEY IN SAYING THAT DATE, TIME  SHOULD BE DETERMINED IF STATUS IS  RECEIVED FROM THE SERVICE PROVIDER. UNLESS THE PRESUMPTION IS REBUTTED, IT IS DEEMED TO HAVE BEEN SENT BY THE REGISTERED MOBILE USER. BURDEN  IS ON THE REGISTERED MOBILE USER TO IF HE WANTS TO DISPUTE THE MESSAGING BY SMS

sanjeev kumar (Founder & CEO Setindiabiz.com a unit of KPS Corporate Consultants P Ltd)     26 April 2010

of course it is an evidence, however, the credibility of sms as an evidence increases with identification of sender and reciever as such as well as its time of delivery. the mobile phone holder can however take a defence that the sms was sent by some one else when he was not holding the phone, so its case to case basis

remarks and views welcome


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