Section 94 petition to preserve the call data

502 votes

Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be invoked to seek production of relevant electronic records, including CDRs and associated telecom records. However, the appropriate course is to immediately move a detailed application before the jurisdictional Court, seeking preservation and production of the relevant records through the Investigating Officer and concerned telecom service providers, before routine retention periods expire. The application must specifically identify the mobile numbers, relevant date range, CDRs, Cell ID/BTS details, tower-location records and other available technical data. The applicant's own location records may also be sought to establish his alibi. The fact that a postpaid connection is part of a family plan does not, by itself, confer an unrestricted legal right to obtain another subscriber's confidential CDRs or location data. Such records should be secured through lawful judicial or investigative process. Important: Tower-location data and call records are corroborative electronic evidence; they cannot, by themselves, conclusively establish adultery or infidelity. Their evidentiary value must be assessed alongside other admissible evidence.

Advocate Pavani Kumari LawRato