use of sms messege
Querist :
Anonymous
(Querist) 09 November 2010
This query is : Resolved
Can I use any mobile SMS messege for legal purpose ?
Devajyoti Barman
(Expert) 09 November 2010
What do you mean by ' legal purpose'?
Arun Kumar Bhagat
(Expert) 13 November 2010
Law is still in initial stage in case of evidentiary value of SMS.
Parthasarathi Loganathan
(Expert) 13 November 2010
I recall a reference to provisions of the Indian Evidence Act, the defence in the BJP leader Pramod Mahajan murder case claimed that a SMS message could not be accepted as a valid evidence.
While countering the theory of motive behind the BJP leader's murder, defence counsel submitted that the Indian Evidence Act allows electronic evidence as 'admissible' evidence in criminal trials. The Act stipulates only secured electronic evidence be accepted as valid evidence, he said.
In Pramod Mahajan murder trial, the defence has succesfully proved that mobile SMS message could be easily fabricated and proved that a SMS was not a secured electronic evidence and in turn could not be accepted.
The defence counsel also countered prosecution averment that in this case since the accused himself was the first informant, the statement of the accused, upon which the FIR was based, should be taken as his confessional statement.
It was pointed out that the provisions of law did not permit so, adding that the statement given by accused Pravin Mahajan, immediately after the incident of firing, could not be taken as confessional statement as it was not recorded by a competent officer.
We can check up the details of this case further to validate the query.
Querist :
Anonymous
(Querist) 13 November 2010
On 9th Nov., 2010 I made the query. Now I want to ask whether on the basis of an false allegation send by wife as sms to his husband that he and his father and mother planned to kill her....So whether the husband can produce this sms to court and seek anticipatory bail. I think in that case the wife may later tell that she did not send this sms but someone else has send this sms without her knowledge.
please explain.
Querist :
Anonymous
(Querist) 13 November 2010
There was some quarrel between husband and wife and the wife now left her husband's residence and staying with her parents. Later on the in laws saw this messege in their son's mobile phone and naturally they are thinking that their daughter-in-law may file 498A. Hence this query. Pls. explain
