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requesting preservation of digital evidence legally safe?
17-Jun-2026 (In Criminal Law)
I am connected to an ongoing criminal investigation in Tamil Nadu. I am considering sending a representation to the District SP requesting preservation of electronic records such as CDR, call logs, SMS, tower location, and legally obtainable social media metadata for the period June 2024 to August 2025 to support fair and complete investigation. Certain records and devices were already submitted to police. Is this legally safe, or could it create adverse issues during investigation or trial?
As per information technology act the Cyber Crimes only provd through electronic records. That electronic records to be certified through competent person.
The trials totally 100% depending with corporate,callings,sms,...ect.
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Adv. Johnson Thangiah
Tirunelveli | 25+ Answers
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Sending a representation to the District Superintendent of Police (SP) to preserve electronic records (CDR, SMS, tower locations, etc.) is not only legally safe, but it is also a highly recommended strategic step to ensure a fair investigation. Under Indian law, telecom service providers generally retain call detail records and internet logs for a limited period (typically 1 to 2 years under DoT guidelines). Since you are targeting the period from June 2024 to August 2025, moving quickly is essential to prevent this data from being automatically purged.
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Adv. Hemalatha Narayanan
Chennai | 100+ Answers
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