offer
offer

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

KNK A Learner (Learning to share)     10 March 2011

Validating SMS messages in Court

How to validate SMS messages in Court, Suppose X Sent a message saying that he recieved one lakh Cash. Now How to get certified copy of this SMS message in this case to prove it in the court. Call log will only tell date and time but not the content. How to get the cerified copy of the content and Validate it Or How to show the content in the mobile to Court to prove it as evidence.

 


 



 6 Replies

CA VK Dwivedi (Job)     10 March 2011

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

1 Like

S.B _Kolkata (Service)     10 March 2011

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.

Avnish Kaur (Consultant)     11 March 2011

mobile brand and model?

mrgop (Owner)     11 March 2011

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.

KNK A Learner (Learning to share)     14 March 2011

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


 

mrgop (Owner)     14 March 2011

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.
 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query