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Srinivasan (Marketing)     15 November 2014

Sms as evidence without sim card

Sir If I were to use SMS as electronic evidence and this particular mobile have changed 4 SIM numbers till date. In all 4 SIM numbers I have received a different messages at different times which I intend to use as evidence. Since it's a long time, I have surrendered 2 SIM card on which the message was sent but message are stored in Mobile Memory. Is this acceptable if I just provide the Mobile phone and prints of messages to court without sims and provide explanation for not submitting SIMS. Please suggest. Thanks



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 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 November 2014

Yes it is valid ..

Laxmi Kant Joshi (Advocate )     16 November 2014

Yes it is acceptable in the court .

Advocate Bhartesh goyal (advocate)     16 November 2014

As per sec 65 B of Evidence Act sms are admissible in evidece sees sec 65B as under;-

65B. Admissibility of electronic records -65B. Admissibility of electronic

records.- (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

1 Like

Abul Karim Khan H (Advocate)     17 November 2014

Yes u can use it. and u can summon the Message Register extract of the person who sent u the messages  to your phone to tally with the timing of messages and date.

T. Kalaiselvan, Advocate (Advocate)     17 November 2014

Yes it can be produced as a valid evidence before court.

Srinivasan (Marketing)     11 September 2018

Sir,

I took print-out of SMS and initially confronted to Accused about the message. Accused accepted the mobile number but denied having sent those messages. Since we could not mark those SMS messages document thru Accused, I got the SMS print-out authenticated by forensic lab and submitted as evidence/exhibit. However completely missed on 65(B) certificate

Court came to conclusion that complainant did not take court permission to get the forensic report from lab and not as per 65(B) section. These exhibits rejected and not considered for judgement. SC judgement about - non-mandatory of 65(B) certificate for electronic evidence was also not considered by the court. Any suggestion appreciated. Thx.


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