Can SMS be a proof?

SMS text is an electronic document and is duly admissible in evidence.

voice recordings are kept by every operator for some period as per the TRAI guidelines, though individually that will not be given to u but if the police or court demands then such record can be accessed.

YES, AS PER EV ACT 65B SMS IS ADMISSABLE AS EVIDENCE,BUT A SUPPORTING PROOF REQUIRED

Electronic communication are admisable in evidence.SMS is electronic communication hence you can file complaint. But subject to oter evidence.

Ok sir,But that number was took under his previous bf proof,stillc an i file? that i got a such a threatening message from the number.If i have voice packets of converstaitons made to that number to her,can i show it as evidence?

I am sure her previous BF knows everthing as all things were clear they were in illegla relation even might have opted to continue after marriage.I calle dher home so many times,no oone answers so that i could convery things clearly.If i file a charge and bring him to court i think everything will be clear,wahts the procedure to do that?

Yes you can record the voice

as a proof.

Regards
adv.kamal.grover@gmail.com

if the sim card which she was using is in some others name, u cant file complaint as u dont have proof to show that it was used by her.  but at any cost dont delete the sms sent by her from ur inbox. because once it is deleted from inbox it is gone forever. because mobile compabies do not have the software to maintain the contents of sms sent from sim to sim.

as sms is an electronic record it is valid proof.

better u register a police complaint and on the basis of the NCR u can make requisition to mobile company to furnish the detais of the sms contents so that they can activate the option to save all sms sent by her to ur mobile in next coming days.

@Mr.Manu

So still i can file a complaint against that number? coz of that suicide plight i undergone mental stress,even my family members undergone such stress.I have proofs at  my workplace even a counselling was opted for me,i took psychological counselling to come back to my normal form.Still some issues keeps on coming to my friends i was hesitiating a lot since it involves my friends a d family too.But i want to make sure nothig is going to trouble me in future.

mr. bhaskar'

u can lodge a police complaint saying that u r receiving some filthy and balckmailing sms from her mob number. if police refuse to register complaint and to iisue NCR write to Superitendant of Police complaining of the same, that is refusal of police to register ur complaint. so that it becomes valid proof to defend urself if something goes wrong in future. dont worry, as per my knowledge mob companies wont save any contents of sms sent by her unless FIR is prepared against that number. so such messages r not so easily available to use it as suicide note against u. moreover sms is not conclusive proof. it has to be suppoted by some clinching direct material evidences.

@Manu

So much thanks for your reply.By the way she spoke to my gf today to resolve the issue.That time she was threatening that she can do anyting with ehr since she was in her state(a voice record of this is available).Previously she tried to break our very relation by giving wrong directions to her.it happened previously when i proceed close to legal action i will get a compromise offer then again she will attempt.

Now for filing FIR it seems i should give a proper address and details of her last name.She is claiming now she is married but i dont know about her marriage so can i file under her previous last name itself moreover that sim was taken with a another person's address proof,so should i file under his name and address?

mr.bhaskar

no need of giving any adddress when u r giving police complaint. just say in ur complaint that from so and so number u r receiving threatening or black mailin sms and collect NCR from police. if u urself proceeding to legal action against her voice record s added advantage for u.

@Manu

Thanks for your suggestion.Plz don't feel i am disturbing  a lot,she is i UP if i file @chennai and also i am not willing to come to UP again for anything she can do anything she herself has threatened should i add any points for this too?

This is a very good question...ok.. now how do you present the SMSs to the judge on the MOBILE itself or ....how? ?

KINLDY TELL..

THX IN ADVANCE

Dear Sirs,

I m in a very difficult state that some has taken 3.5 lacs from me time to time with a commitment to pay it back asap, but in a latter stage I found myself dithced.

I have all the sms asking 4 money. Can I go for legal proceedings! if yes, I do need d includes processes.

Rgds

Soumen