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Phone taken in drink and drive accident case is phone record evidence
17-Aug-2023 (In Criminal Law)
My frnd booked in drunk and drive case and they did accd too nd victim kept fir on them nd police take their sims and said they will take d call data nd text msgs of them will they take it in these cases
your friends who are the accused in this hit and run case are they been arrested or are they on bail. under what sections have they been charged in the FIR what is the date of hearing in court or the matter has been settled. the police have taken sim cards saying what, they cannot take the sim cards they were to confiscate they could have taken phone, but we need to know the reason of them taking the sim card. if the text messages are relevant to the case then yes it can be used against your friends
Helpful?
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Hi
Police do not have any right to take the call data.
Police might be interested to know which pub/ bar your friend had visited so as to get their evidences against your friend to prove that he was under influence of alcohol.
so they might be using your friend's phone to find out the details of the pub/ bar he visited on the date of accident.
Just get a lawyer and get your friend out of the mess he is in.
Police do not have any right to take the call data.
Police might be interested to know which pub/ bar your friend had visited so as to get their evidences against your friend to prove that he was under influence of alcohol.
so they might be using your friend's phone to find out the details of the pub/ bar he visited on the date of accident.
Just get a lawyer and get your friend out of the mess he is in.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear,
Electronic evidence can be taken into consideration by the court in view of the amendments made to the Indian Evidence Act. Hence, the police will discharge their duties while investigating the case. But, how far the text messages are relevant in the case is a question of trial and the court will only deal with it.
Electronic evidence can be taken into consideration by the court in view of the amendments made to the Indian Evidence Act. Hence, the police will discharge their duties while investigating the case. But, how far the text messages are relevant in the case is a question of trial and the court will only deal with it.
Helpful?
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Adv. Vikram Chandra
Hyderabad | 100+ Answers
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