• Sms and call data record sent 4.5 years ago

I may have sent an sms to an ex employee app 4.5 years back. Can he use it now against me in court? He no longer uses that number and the handset also changed after that. Do telecom companies keep text and voice records beyond 3 years in normal cases pls.
Asked 6 months ago in Criminal Law from Delhi, Delhi
Religion: Hindu
1) telecom companies dont keep text and voice records for 4years

2) MTNL maintains Call detail records including inbound and outbound phone numbers and call duration (one year)

3) BSNL maintains IP session information - connection start end time, bytes in and out (three years offline)
MAC address of the modem/router/device (three years offline)

4) ex employee can use sms sent by you in court if he has not deleted that message . if he changed hand set records would not be available 
Ajay Sethi
Advocate, Mumbai
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Telecom companies do not preserve the text messages or the actual conversation on a phone unless there is a specific order by the court. 
Ashish Davessar
Advocate, Jaipur
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1)if he has changed his mobile phone he would not have sms sent by you 

2) you deny any such sms sent . 

3) burden of proof is upon the person to prove you sent him sms 
Ajay Sethi
Advocate, Mumbai
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1320 Consultations
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What is the case and what are the details.
You have put a vague query and seek advise to overcome the problem.
In general the sms or voice call records are not admissible as primary evidence in  the court 
There are lot of procedures to be followed to prove the genuineness of the evidence proposed to be submitted before court. 
Since you have stated that he is not having the original set or anything to prove or establish his evidence, there should not be anything to be worried about it.
The service providers do not supply such records individually to any person who seek details.
T Kalaiselvan
Advocate, Vellore
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The  evidences used in retaliation to the case filed against the individual/respondent may not have any impact to his evidence.  He may rely upon it only when he gets a chance to depose evidence as a defence witness himself.  But even if he has original device, if the devise is in current use then the matter as old as 4.5 years shall not remain , no device holds them until the said device has not been put to use after that and is still in working condition. If that is the case if may have to explain loot of doubts about the non usage of the devise to the satisfaction of court which he may not be able to adduce. 
In my opinion your fears in this regard is unnecessary.
T Kalaiselvan
Advocate, Vellore
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138 Consultations
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