LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Spy software hacking

spy software  details of any cell- Like recording , images and text messages  can be produce a proof in court. these all proofs can be alter/edited by expert still it can be acceptable by court. pls advice



Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 March 2015

Digital forensics encompasses the activity of computers, networks, databases, cell phones, cell towers, digital cameras, GPS devices and other types of digital or electronic evidence. Issues to be considered may include search and seizure, preservation of data, privacy, acquisition, analysis of digital media, and the production of a report that can be used in court.

Advocate Ravinder (Advocate/Attorney)     31 March 2015

I agree with Ramachary.  Normally altered/edited will not be accepted as evidence.  But if you can show the reason why it was altered/edited and upon convincing the court, the court may take it as evidence subject to some other corroborative evidence. 

cyberlawyer (barrister)     31 March 2015

OP doesnt say that the recording has been altered, but queries that since these contents are editable by means of computer software, how this will be accepted before the court. In other words, how these materials can be fully relied upon as the content can be edited/deleted/morphed to suit the needs of the person who records it. 

As Mr.Ramachary pointed out, there is nothing impossible in digital forensics. The Forensic analyst would be able to point out that if the video recording has been subsequently edited by any means. 


(Guest)

Thanks to all for your valuable comments.. Thank you very much..........

R.G. Singh (Intern)     01 April 2015

Ankur ji, the recording, images, text etc can only be adduced in the court as per the provisions of section 65B of Indian Evidence Act. Electronic record needs to be accompanied by the certificate in terms of Section 65B obtained at the time of taking the document, without which, the secondary evidence pertaining to that electronic record, is inadmissible. The certificate is given by the forensics lab after checking the integrity of the properties of media 

Coming to your question on using SPY Software to record any details, which are to be produced in the court of law. Please understand that only if you can get the possession of the original phone/storage card, then only the requirements of 65b would be met as a Spy Software intervention in recording the images, text etc would change the original properties of the images, texts and thus makes them ineligible.

This is strictly from a criminal case perspective, but if its a matrimonial issue and the case is in a Family Court, the court may allow it to be used as "persuasive" evidence but never as "material" evidence.

T. Kalaiselvan, Advocate (Advocate)     03 April 2015

Agreed with the views and opinions of experts above.   Hope the querist is convinced about the clarification received for his query. (?)

sansh (not working)     03 May 2015

i have read somewhere that obtaining evidence by illegal means cannot be admitted as evidence. i think spy software also falls in the category of illegal evidence. maybe experts can clarify. besides won;t the OP ask how you obtained it?

mahendra limaye (Cyber Legal Consultant)     06 May 2015

The evidentiary value can be ascertained only when matter is adjudicated and if tampering can not be proved beyond reasonable doubts it may be accepted in court as genuine.

sansh (not working)     06 May 2015

tampering has to be proved beyond reasonable doubt or genuiness? is the onus on the party who oppses to prove the tampering or the onus is on the party who produces evidence to prove genuiness?

mahendra limaye (Cyber Legal Consultant)     06 May 2015

Every side has fair chance to prove its contention.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register