whether SMS is an evidence for supporting the case?
Harisha Agrawal (Student) 23 April 2010
whether SMS is an evidence for supporting the case?
K.C.Suresh (Advocate) 23 April 2010
If the sender and receiver can be identified the same will get evidentiary value.
adv. rajeev ( rajoo ) (practicing advocate) 23 April 2010
yes it isan evidence.
bhuvanesh mohan (partner) 23 April 2010
SMS can not be treated as valid Evidence till the identity of sender and receiver is not verified
Ankur Garg (Company secretary) 23 April 2010
Agree with the learned members. Identity of receiver and sender must be established in order to consider a SMS as valid evidence.
Best Regards
Sanjeev Panda (Advocate) 23 April 2010
The SMS being a digital evidence can be treated as an evidence provided the identity of the receiver and sender is established.
SANATANA PANDAY (presiednt of a trade union) 23 April 2010
sms is valid when the sms status bring from the network provider, it is not valid in the mobile phone bcos in mobile phone the date and time ca be changed
Akhilesh Kumar (Legal Counsel) 23 April 2010
It can be treated as supportive evidence if sender is verified
Harisha Agrawal (Student) 24 April 2010
Thanks alot everyone.
D.MANJUNATH (ADVOCATE) 25 April 2010
I FULLY AGREE WITH MR. PANDEY IN SAYING THAT DATE, TIME SHOULD BE DETERMINED IF STATUS IS RECEIVED FROM THE SERVICE PROVIDER. UNLESS THE PRESUMPTION IS REBUTTED, IT IS DEEMED TO HAVE BEEN SENT BY THE REGISTERED MOBILE USER. BURDEN IS ON THE REGISTERED MOBILE USER TO IF HE WANTS TO DISPUTE THE MESSAGING BY SMS
sanjeev kumar (Founder & CEO Setindiabiz.com a unit of KPS Corporate Consultants P Ltd) 26 April 2010
of course it is an evidence, however, the credibility of sms as an evidence increases with identification of sender and reciever as such as well as its time of delivery. the mobile phone holder can however take a defence that the sms was sent by some one else when he was not holding the phone, so its case to case basis
remarks and views welcome
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