Can the sms contents be retrieved through service provider?

If proved that only wife is sending them, it can be used for your benefit.

 

If chat client/IM client is google, you can easily subpoena the records which contain the messages, IP, handle,etc.

subpeona in India???

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Yes, I can assist

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Now comes the question of validity of that SMS as an evidence. 

 

An SMS stored in the Handset is an admissible evidence, but the same need to be proved as per the Indian Evidence Act 65B.

 

For the same a back-up/ screen shots etc needs to be taken and original handset has to be presented for inspection alongwith an affidavit.

 

Unless the above conditions are fulfilled, it is a tampered record, which is not admissible.

 

Hope that clarifies the basic queries regarding SMS as an evidence.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

$(document).ready(function() { $('#msgthnk210948').load('get_thanks.asp?msg_id=210948'); });

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Thanks Shonee Kapoor. But we have great techonology which allows us to modify even contents of the SMS in phone memory. SMS backup and restore application can be used to do this. It will not even change the date or time stamp , but can be changed the contents of the SMS.

https://android.riteshsahu.com/apps/sms-backup-restore

I got this information just in research of 2 days and I am sure can be done on ALL mobile handsets including NOKIA. Once its restored , and changed to root etc .. no one even can tell SMS contents or modified or not.

 

- Kumar

SMS IS NOT A PROOF.ANY ONE CAN SEND SMS FROM ANYONE'S MOBILE. WHAT IS THE PROOF THAT MOBILE PHONE OWNER SENDS THE SMS?

MAY BE SOME OTHER PERSON TYPED THE SMS.

SO IT IS VERY DIFFICULT TO PROVE NOT ONLY DIFFICULT RATHER IT IS IMPOSSIBLE TO PROVE WHO HAD TYPED IT.

Well said by robin. This evidence can put some weight in civil cases, but in criminal cases I do not think it will work!

sms can't be a proof

SMS can not be a proof in complicated cases.

because one can not know who types the sms.anyone can type it.

sms may also be modified using some software as specified by Mr. vijay k .

so it is not a proof.

and anyone can write some sms just as a joke also.so what is the proof that someone writes it seriously?

Hello shoonee sir,

I read all your discussion in this thread. Even i have a doube regarding the sms retrive from service provider.. for my case i need sms contents of 1 and half year back... is it available for me.. if i take the court order.. and once i recieve the contents of the sms do i need to submit all the sms to court for my case or is i can only give the sms content which helpfull to my case..

Please suggest me..

"SMS Contents are not stored by any Mobile Service Provider (MSP), except on the request of an investigative agency. It is similar to phone tapping and would amount to infringement of privacy, if it were to be stored and read by all"

Where can i find the authority of the statement or any regulation which supports this premise?

Dear all, I want to get the cdr of my 498a girl and her father's. girl is having a prepaid connection, which she has ported to another company. Her father's is a post paid connection. The cdr required are of about 9 months old. Can police help in this? Somebody has informed me that if the connection gets ported twice it will not be possible to get the earlier call details of a pre paid connection. What is the actual scenario. please answer.

"SMS Contents are not stored by any Mobile Service Provider (MSP), except on the request of an investigative agency. It is similar to phone tapping and would amount to infringement of privacy, if it were to be stored and read by all"

Above statement doesn't suits current situation. As per recent(From Jan 2014 I beleive) TRAI regulations, all Indian service providers stores SMS contents up to 2 years I believe.

Experts, Any one please update the correct information on this. 

hi all,

i 100 % agree with rohit sir he is right....CDRs are stored upto Seven Years by all MSPs. But they periodically shift all data on tapes and on the server maintain records for anywhere between 6 months to 1 year, this can vary on the operator and pre-paid and post-paid accounts.

thanks

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hi all,

i 100 % agree with rohit sir he is right....CDRs are stored upto Seven Years by all MSPs. But they periodically shift all data on tapes and on the server maintain records for anywhere between 6 months to 1 year, this can vary on the operator and pre-paid and post-paid accounts.

thanks

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