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Vijay K (consultant)     19 August 2012

What if sms messages can be edited in the mobile submitted ?

what all are support documents need to submitted along with mobile for SMS proofs ?

SMS messages are not stored by service provides ( some pages says they store for 6 months ??? ). In this case the mobile device is the main evidence.

 

 

Book - Cyber Forensics & Electronic Evidences: Challenges In Enforcement & Their Admissibilitypdf 

The basic principles of equivalence and legal validity of both electronic signatures and hand written signatures and of equivalence between paper document and electronic document has gained universal acceptance. Despite technical measures, there is still probability of electronic records being tampered with and complex scientific methods are being devised to determine the probability of such tampering. For admissibility of electronic records, specific criteria have been made in the Indian Evidence Act to satisfy the prime condition of authenticity or reliability which may be strengthened by means of new techniques of security being introduced by advancing technologies.

 

SMS contents can be modified in some mobiles phones, Does the court listens if we say this and prove that by showing the modified text in the same model phone ??

 

- Vijay



Learning

 3 Replies

Nitish Banka (lawyer)     19 August 2012

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.

Saurabh..V (Law Consultant)     20 August 2012

@Nitesh

 

Can you advice the case citation number?

 

//peace

/Saurabh..V

Krish Narayan (Advocate)     21 August 2012

2003 VIIAD Delhi 1, 107 (2003) DLT 385

https://indiankanoon.org/doc/1031426/


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