The Techies (Student) 11 March 2017

How to use phone as evidence without memory card?

Hello frnds!

I want to know that if I have a phone with no memory card slot and all the phone recordings and photos etc get saved in the phone memory, so what is the best way to use any of that call recording or photo as evidence in Court? Nowadays, there are such apps which automatically send these files (rec or pics) onto some cloud service which can be accessed by the user anytime later. So, if we download the required file from the cloud service, burn it in a CD and submit it in the Court, will it be admissible?

I hope I am able to explain my query! I just want to know whether using a mobile phone without a memory card proves harmful ? (in legal matters)

Pls. Reply!
Thanks!

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12 Replies

(Guest)

You submit the phone. CD etc all wont hold good in court of Law. Many wont agree to this and state CDs can be given, but it wont hold good in court of Law in front of able advocate. So you submit the phone itself to the court.

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The Techies (Student) 23 June 2017

Originally posted by : Helping Hand !
	You submit the phone. CD etc all wont hold good in court of Law. Many wont agree to this and state CDs can be given, but it wont hold good in court of Law in front of able advocate. So you submit the phone itself to the court.

Hello!
Sir the phone is out of order and needs to be formatted which will erae all the data! So now how to store the required data which may be used as evidence at a later stage?

The Techies (Student) 03 July 2017

Originally posted by : Ramesh Singh
	Maximum Magistrate/Judges are not aware or have knowledge of modern technology data conversion into evidence unless Honl. Supreme Court clarify. Thatswhy justice by electronic evidence is far away from common men's hand. So try to dig other concrete evidence, the best way.

Hello! Sir the phone is out of order and needs to be formatted which will erae all the data! So now how to store the required data which may be used as evidence at a later stage?

ajay amitabh suman (ADVOCATE) 21 July 2017

you can make the back up of all the data , before formatting the mobile and then you can store in Pen Drive. Then you can use it in Court proceeding as Evidence.

ajay amitabh suman (ADVOCATE) 21 July 2017

you can make the back up of all the data , before formatting the mobile and then you can store in Pen Drive. Then you can use it in Court proceeding as Evidence.

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Raveena Kataria (Advocate ) 21 July 2017

Hi, it doesn't matter whether the relevant proof is stored in the phone memory/memory card per se, you need to be able to preserve the data as it is (so that, to the court, the evidence appears to be prime facie i.e. genuine and not tampered with.) If you are unable to retrieve the data by yourself, and the phone is not working, take it to an established tech expert who can assist you smoothly in transferring all your data to another device (another phone, laptop, pen drive etc) without having to format the phone.

1 Like

The Techies (Student) 21 July 2017

Originally posted by : Raveena Kataria
	Hi, it doesn't matter whether the relevant proof is stored in the phone memory/memory card per se, you need to be able to preserve the data as it is (so that, to the court, the evidence appears to be prime facie i.e. genuine and not tampered with.) If you are unable to retrieve the data by yourself, and the phone is not working, take it to an established tech expert who can assist you smoothly in transferring all your data to another device (another phone, laptop, pen drive etc) without having to format the phone.

Hello!
Thanks for the reply!
I have backed up the required pics!
Problem being faced in the sms and whatsapp chats. Should I backup the whatsapp chats on my email?

Or should I take printout of the screenshots of the whatsapp chats and sms?

Which is the better option? Or any alternative solution?

Raveena Kataria (Advocate ) 21 July 2017

I'd in fact advise you to back-up your chats on email as well as obtain a prinout of the whatsapp screenshots that you have taken.

The Techies (Student) 23 July 2017

Originally posted by : Raveena Kataria
	I'd in fact advise you to back-up your chats on email as well as obtain a prinout of the whatsapp screenshots that you have taken.

Printouts will be admissible in Court with 65-B Certificate. Right?

Raveena Kataria (Advocate ) 21 August 2017

Yes, as long as the documentary evidence is backed-up with a certificate as per section 65B provisions, you shouldn't face any discrepancies.

The Techies (Student) 21 August 2017

Originally posted by : Raveena Kataria
	Yes, as long as the documentary evidence is backed-up with a certificate as per section 65B provisions, you shouldn't face any discrepancies.

Thanks for the reply!

Now, my query is whether it is mandatory to retain the original device? I mean do we have to necessarily produce it in the Courts at the time of evidence?