KNK A Learner (Learning to share) 29 December 2010

Is SMS Messages Valid Evidence

Is SMS Messages Valid Evidence, How to Prove them in Court.

Can we get the Log of Mobile Numbers from Operators, Compare and Produce as evidence?

What if she says, mobile was lost long back?

What if she says, she didnt send those messages?

What if she says, messages were tampered?

How to prove them as valid evidence and at what stage we can prove them?

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3 Replies

Arvind Singh Chauhan (advocate) 29 December 2010

Yes sms is valid evidence. It can be proved through showing before court and print out of these sms.

yes

if mobile was lost did she lodged any complaint?

If the mobile is in her possession wha can send sms?

Is she says messages are tampered, forensic test can be asked ?

At the stage of your evidence or while cross examining her.

(Guest)

YOU MAY SUBMIT THE AVAILABLE PROOF WITH THE HELP OF TECHNICAL EXPERTS.THE OWNER OF THE MOBILE CAN BE TRACED FROM WHICH THE SMS WAS SENT.YOU MAY FILE A POLICE COMPLAINT AND LEAVE IT TO THE POLICE TO TAKE ACTION.CYBER LAW PROVISIONS WILL BE ATTRACTED.MOBILE RECORD CAN BE CALLED AND THE CONCERNED MOBILE SERVICE PROVIDER STAFF CAN BE EXAMINED AS WITNESS.

BUT KINDLY NOTE THAT IN ONE CASE DEMOSTRATION WAS GIVEN BY ONE TECHNICAL EXPERT THAT IT IS POSSIBLE TO SEND SMS FROM ANY OTHER MOBILE NUMBER NOT OWNED BY THE SENDER OF MOBILE. SO IT IS COMPLICATED MATTER. BUT YOU HAVE TO TRY YOUR LEVEL BEST .IT IS A POLICE CASE MATTER SO LEAVE IT TO POLICE TO TAKE APPROPRIATE ACTION.GOOD LUCK.