Electronical evidence-sms-simcard relevance
mohan
(Querist) 29 December 2012
This query is : Resolved
Dear experts,
In a 498 A case,how the contents to be proved.My wife has sent me some disturbing and incriminating SMS previously which i have stored in my hand set.This i intend to use in the court to show her criminal nature. but the problem is her number(Sim card) is registered on her relatives name.
Now as per the admissibilty of digital evidence for the computer output(SMS)to be relied upon as document:one of the four conditions is :
1)The computer output containing such information should have been produced by the computer(cell phone) during the period when the computer was used regularly to store or process information for the purpose of any activities regularly carried on during that period by the person having lawful control over the use of the computer.
If her mobile number(Sim card) is registered on some one ,how i can prove though she does not legal control over the use of cell phone but she was the one who send these SMS which are crucial to prove my innocence.
My question simply is this: Who is the Author of SMS:Registered SIM card holder or the owner of cell phone?
R.K Nanda 
(Expert) 29 December 2012
registered sim card holder.
ajay sethi
(Expert) 29 December 2012
if sim card regd in relative name difficult for you to prove that wife sent those sms messages
mohan
(Querist) 30 December 2012
Is cell phone is a secured electronic Device as per indian law as per modified indian evidence act? What is the presumption as to the sender of an Sms?
Nadeem Qureshi
(Expert) 30 December 2012
Dear Querist
according to section 65 B of Indian Evidence Act, 1872
65B. Admissibility of electronic records -
165B. 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.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—
(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;
(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.
(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—
(a) by a combination of computers operating over that period; or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period; or
(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,
all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.
(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—
(a) identifying the electronic record containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,
and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
(5) For the purposes of this section,—
(a) infomation shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
(b) whether in the course of activities carried on by any official information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;
(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.
Explanation.—For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.
Feel free to call
mohan
(Querist) 30 December 2012
Thank u all experts! But still i would be grateful if could answer How this sections are to be applied in my case as am layman and have trouble understanding the legal jargon?
Please
ajay sethi
(Expert) 30 December 2012
this section lays down procedure for admissiblity of electroniv reocrds .it lays down that computer must have been regularly used all information stored in computer , it was in working condition . a staement has to be duly signed by officer to best of his knowledge and belief .
mohan
(Querist) 31 December 2012
Thanks to all experts
ajay sethi
(Expert) 31 December 2012
thanks for your appreciation
Raj Kumar Makkad
(Expert) 02 January 2013
I have nothing to add in the already provided replies.
mohan
(Querist) 09 January 2013
If i get her relative in whose name the sim card registered to depose that my wife was using her sim card,will it stand admissible in court? Thank you..
ajay sethi
(Expert) 09 January 2013
yes it will help you in your case .
Raj Kumar Makkad
(Expert) 09 January 2013
If you prove the fact of her using the sim card of her relative then the same shall definitely prove your case.
