Nowadays, mobile phones have become an integral part of everyone’s day-to-day life. Similarly, phones and database records such as calls and messages are scrutinized during the investigation of any crime.
However, what if the criminal deletes your messages and calls? This issue was made the basis in the country’s top court. Deleting messages and calls from a mobile phone was presented as tampering with evidence.
In a recent case, the Supreme Court on Tuesday, August 27, passed an order stating that it is “normal behavior” to delete messages from time to time, and this could not be considered a criminal act unless supported by other evidence.
The bench, comprising Justices BR Gavai and KV Vishwanath, also clarified that such deletion is normal behavior and would not be classified as tampering with evidence. However, there are provisions under the IT Act that can be prosecuted for offenses related to social media.
The CBI and ED pressed charges of “tampering with evidence” against BRS leader K Kavitha, alleging that she deleted messages and formatted her phones. Additional solicitor general S V Raju submitted that Kavitha’s conduct amounts to tampering with evidence.
His plea was strongly opposed by senior advocate Mukul Rohatgi, appearing for the politician.
Rohatgi said people use phones like toys and they keep changing devices. Her client had formated the phone as she got a new upgraded one and gave the old one to her servant, which is not a crime, he added.
Agreeing with Rohatgi, the bench observed that people also keep multiple phones. It said deleting messages and formatting phones in itself may not be sufficient to prove a criminal act.
“Phone is a private thing. There will be other things in it. I am just on human conduct and it is normal human conduct… Like I have a habit of deleting messages in school and college groups where so many things are put,” Justice Viswanathan said.
Mobile phone rules in India:
Although there are no specific laws regarding mobile phone use in India, certain actions may lead to legal action. Using a mobile phone to send threatening messages or calls is punishable under the Indian Penal Code.
Also, actions such as breaching privacy, leaking private information, or sharing obscene photos on social media are considered illegal and may lead to legal consequences.