About getting call records of wife comes under article 21

521 votes

The allegation by itself does not automatically constitute an offence. Your defence would depend on proving that the mobile connections were part of an Airtel Family Plan and that, as the account holder/administrator, you had legitimate access to the billing and usage information made available by the service provider. Preserve documents showing ownership or administrative control of the family plan, bills, account records, and Airtel's terms regarding access to member details. If the information was accessed only through the authorized Airtel portal/app and not by hacking, password theft, interception of calls, or unauthorized entry into her personal device/account, that fact should be highlighted. The burden is on the prosecution to prove illegal access. Share all relevant records with your counsel so that an appropriate defence, discharge application, or quashing petition can be considered depending on the allegations in the FIR

Advocate Ravindra Anjaneyulu LawRato

709 votes

You may defend the allegation by demonstrating that any access to call records or account information was through a legitimately authorised Airtel Family Plan account for which you were the primary/account holder or otherwise had lawful access rights. Mere availability of information through an authorised service account does not, by itself, establish unauthorised access or criminal intent. Preserve all documentary evidence, including Airtel account details, family plan records, billing statements, account ownership records, access permissions, emails/SMS communications, and any proof showing that such access was provided by the service provider in the ordinary course of the family plan arrangement. The prosecution must establish unauthorised access, wrongful intent, and the specific ingredients of the alleged offence. If access was obtained through a valid account structure and not by hacking, impersonation, password theft, or unlawful interception, the allegation may be open to serious challenge on facts and law. Engage competent criminal counsel immediately and place all telecom records before the Investigating Officer and Court at the appropriate stage.

Advocate Pavani Kumari LawRato