S.B _Kolkata (Service) 10 February 2010

Can sms be a evidence to fight against a false 498a case???

In today's life instead of write a long letter, we send sms to serve the purpose in a short way.

Shall it be eligible as a proof to fight against the false 498a case filed by a greedy woman??

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15 Replies

Kaviyanathan.D.O (Attorney) 10 February 2010

Dear R,

Short messages which are attaining their evidentiary value now with respect to courts it is taken as direct exhibits in many criminal cases now a days and with regard to your query too, it squarely applies for 498(a) IPC.. There are also some apex court judgements on your favour .. Tk Cr..

Regards - Kaviyanathan

Arvind Singh Chauhan (advocate) 10 February 2010

Yes they can be used in evidence.

Mohit Attri (lawyer) 10 February 2010

may anyone refer any judgement???

thanks in advance

mohit attri

Kaviyanathan.D.O (Attorney) 11 February 2010

Its been implemented in France and other western countries too .. I think that we dint have any specific reported judgements for the case, but they are accepted as per the cr.p.c rules of practice..

Tk Cr

Arvind Singh Chauhan (advocate) 11 February 2010

It requires no citation, it is admissible under Sec 65 A & 65 B of Evidence Act as amended in 2000.

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S.B _Kolkata (Service) 11 February 2010

But in case of "sms" how the sender will prove that the massege was delivered appropriately and the receiver has got the same perfectly?

(Guest)

u will just need to prove number of origin

1 Like

Suresh CSLLM (Service) 27 February 2010

By and large, sms is having evidenciary value, however it can be challenged and in such case the genuiness have to be proved by other party. On request by court, service provider can provide the necessary records as well.

Suresh

1 Like

S.B _Kolkata (Service) 27 February 2010

How to preserve a sms for a long time?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 28 February 2010

just donot erase.

1 Like

S.B _Kolkata (Service) 06 March 2010

As on today what is the value of sms as a evidence in our indian judiciary sysytem?

Hardik Mehta (Family Counsellor) 07 March 2010

Rajkumar,

you can take the backup of the SMS on the computer if you want to preserve for the long time. This would be useful. Also, try and get the bills of the SMS received in RTI from the opposite partys mobile service provider and if the contents are given, this will be helpful.

Arvind Singh Chauhan (advocate) 07 March 2010

Nice suggesstion sir! But if the service provider find themselve unable to provide the content of message as being there no record of content. In this situation whether it is possible to get certificate by showing own mobile to some aothority that, " On such and such date and time such message was sent from such number". If Yes to whom we should go?