Advocate Karunesh Kumar Shukla

Questions Answered by Advocate Karunesh Kumar Shukla

Q: Can police tap phone calls and messages without permission?

Can police tap my phone conversation, calls, messages and location? When and how? Do they need permission from court?

Advocate Karunesh Kumar Shukla answered
We usually think of legal problems as beginning with an arrest, or charges being filed against someone, but there are situations in which legal trouble starts long before an arrest or accusation takes place. You won't necessarily know when law enforcement begins to target you for investigation, but understanding the tools they have available can help you protect your privacy.Of course, any action that takes place within public view is available to law enforcement with little or no paperwork or oversight. The police can watch what you do in public spaces, or in plain view of a public space such as through the open window of a home or business. Less obvious though, is that police may also access entirely private communications, such as telephone conversations or emails.Police rely on a variety of tools to investigate crimes, including the ability to tap into a suspect's telephone conversations. While such wiretaps can produce very good evidence against potential criminals, it is also a major invasion of privacy and police must follow strict procedures when performing a wiretap.

Q: Can cybercrime complaint be file on the basis of WhatsApp screenshot

Firstly tell me that....if the screenshot of whatsapp is my evidence then... validity of document is?? I mean agar apka screenshot old h 2-3yr old toh uske basis pe cybercrime complaint ho sakti h??

Advocate Karunesh Kumar Shukla answered
In India, the message would be treated as an "electronic record" and admissible in courts as a conventional document would be, as per Section 65(B) of Indian Evidence Act provided.Section 65 (B) of Indian Evidence ActIt states that irrespective of the sections in the act, any electronic act which can be printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be a document.Section 2(i) defines computer as “any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network”. This definition also includes the mobile phones as well. It means that SMS/WhatsApp message would be admissible under the court of law for the documents are admissible under the Section 65 of Indian Evidence Act, 1872. However, it has to fulfil four conditions mentioned in the section before it can be deemed as a document. Such conditions are a) the computer that produced it must have been used regularly at the time of production of such electronic documents; (ii) the kind of information contained in the computer must be such that it is regularly and normally supplied to the electronic device; (iii) the computer should be in proper condition and must work properly at time of creation of electronic record; and, (iv) the duplicate copy must be a reproduction of the original electronic record.