Supreme Court: Oral evidence of officials of the telecom company cannot substitute Section 65B certificate

 

Understanding Call Detail Records and the Statutory Requirements of Section 65B Certification

In the contemporary legal landscape, telecommunications data serves as a silent, ubiquitous witness. For the legal practitioner, a Call Detail Record (CDR) represents a "digital footprint" capable of establishing presence, association, and timeline. However, the transition of this data from a server log to admissible evidence is governed by rigorous statutory prerequisites. As a senior architect of legal curriculum, it is imperative to understand that in the realm of electronic evidence, the integrity of the process is as vital as the fact of the evidence itself.

1. The "Digital Footprint": Defining the Call Detail Record (CDR)

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Supreme Court: Call Detail Records are Not Admissible Without S.65B Evidence Act Certificate

 It was further contended that the call detail

records were proved by the nodal officers of the

service providers, i.e. Vibhor Rastogi (PW.23) and

Saurabh Kumar (PW.24) and hence, non-production

of the certificate under Section 65-B of the Evidence

Act [Section 63 of the BSA] pales into insignificance.

Mere non-production of the certificate under Section

65-B of the Evidence Act [Section 63 of the BSA] in

this case cannot be treated to be fatal to the

prosecution’s case, particularly, when the call detail

records have been duly proved by examining the

employees of the service providers i.e., Vodafone and

Bharati Hexacom Ltd./Bharati Heckjakom Ltd.{Para 22}

18. The Evidence Act does not contemplate

or permit the proof of an electronic record by

oral evidence if requirements under Section

65-B of the Evidence Act are not complied

with, as the law now stands in India.”

(Emphasis Supplied)

52. Admittedly, in the present case, the certificate

under Section 65-B of the Evidence Act [Section 63 of

the BSA] was not proved by the prosecution. In the

absence of the certificate, mandatorily required

under Section 65-B of the Evidence Act [Section 63 of

the BSA], the call detail records become inadmissible

in evidence and cannot be relied upon to support the

prosecution’s case.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). OF 2026

(Arising out of SLP (Crl.) No (s). 1977 of 2026)

POORANMAL Vs  THE STATE OF RAJASTHAN & ANR. 

Author: Mehta, J.

Citation: 2026 INSC 217.

Dated: MARCH 10, 2026.

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Supreme Court: Under which circumstances, Creditor making phone call to the debtor for return of his money will not amount to abetment to Suicide?

The only basis on which the charge-sheet has been

laid against the accused is the suicide note

coupled with the call detail records which indicate

that 40 phone calls were made by the appellant to

the deceased in last six months. As far as the

suicide note is concerned, we find that it lacks

material particulars regarding the nature of those

threats and the time and place when those threats

were extended. Moreover, the suicide note indicts

as many as 9 accused without specifying the role of

any one of them. It is not the case of the

prosecution that all accused belong to one family

or were harassing the deceased as a group. Further,

the deceased has painted all creditors with one

brush. Therefore, a trial based on such a suicide

note would be a futile exercise. Besides, if a

creditor makes a phone call to the debtor for

return of his money that being a lawful act, it

cannot on its own constitute a ground to prosecute

the creditor. Moreover, the deceased may have

committed suicide on account of depression for not

being able to clear of the debt.

14. In such circumstances, particularly when

there is no material to indicate that the deceased

was beaten or physically assaulted to return the

dues, we are of the view that there is hardly any

material on basis whereof it could be inferred that

the appellant by demanding his dues abetted

commission of suicide by the deceased. In our view,

therefore, the continuance of the proceedings

against the appellant would be a futile exercise

and would amount to abuse of the process of the

Court. Hence, to secure the ends of justice, it is

necessary that the same be quashed.

 IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No(s). /2026

SLP (Crl.) No(s). 4644/2025

DHIRUBHAI NANJIBHAI PATEL LOTWALA  Vs STATE OF GUJARAT & ANR. 

Dated: March 10, 2026

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Rajasthan HC: High Court Affirms Accused’s Right to Seek Call and Location Details of Prosecution Witnesses During Prosecution Evidence

 The petitioner herein is under-trial being accused serious offence under Section 302 of IPC. If he is held guilty, the consequence thereof may result into death penalty and/or conviction for life imprisonment. Any negligence or dereliction in adducing of the evidence, needless to say, will result in miscarriage of justice and severely jeopardize the defence of the accused. {Para 12}

13. On a Court query, it transpires that currently prosecution testimony is being recorded by the trial court. Given the work load, it may so happen that at the stage of defence evidence, owing to the delay, the call details and location details, which the accused have been advised to adduce in their evidence, may be deleted from the data bank of the service provider of the mobile network of which the accused as well as other witnesses are subscribers.

15. Section 95, supra, thus allows the court to direct postal authorities to produce documents or records that are relevant to a pending trial. The section explicitly grants courts the authority to order the preservation and production of such records, irrespective of whether the documents are in the custody of the accused or not. As per Section 95, the court can direct service providers to produce and retain the required records even before the defense stage, ensuring that these documents are available when needed. This provision thus supports the petitioners' plea to secure the records to avoid their deletion later on by sheer passage of time.

15.1. I am of the view that in the modern day context, postal authority is to be read in a way so as to mean and include even the telecom authority which is a similar service provider qua the electronic data it preserves on behalf of and, delivers, to its consumers. Accordingly, any document or electronic data or a thing, which is not in custody of the accused but with the third party, i.e. postal authority or the telegraph/telecom authority/service provider, but, at the same time, it is relevant for the purpose of the pending trial can be directed by the trial court to be produced in the court as a piece of evidence.

16. If by the time the stage of defense evidence is reached, the call details and location details, which the accused have been advised to adduce in their evidence, have already been deleted from the data bank of the service provider of the mobile network, then the petitioner would be deprived of valuable opportunity of producing their evidence and would thus be seriously prejudiced in his defence.

17. Trite it may sound, but procedure being the handmaid of justice, should not be allowed to thwart justice. Procedural rules exist to facilitate justice, not to hinder it. If strict adherence to procedural rules leads to the destruction of evidence and deprives the accused of a fair chance to defend themselves, the court should exercise its discretion to deviate from the norm. The court should use its powers to ensure that procedural delays do not result in an injustice. Allowing the preservation of electronic records before they are lost is essential for procedural fairness and the integrity of the judicial process.

18. Moreover, the right to a fair trial is enshrined in Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. Personal liberty includes the right to defend oneself in a criminal prosecution. Any deprivation of the accused's ability to present crucial evidence, such as call details and location records, would constitute a violation of this fundamental right. The prosecution is expected to prove its case beyond a reasonable doubt. Similarly, the accused must be given every reasonable opportunity to contest the evidence and present their defense. Failure to preserve critical evidence like call and location details severely hampers the accused's ability to mount a defense, undermining the concept of a fair trial. Courts are duty-bound to avoid miscarriage of justice. Allowing key evidence to be lost due to procedural delays would also result in an unfair trial, which could lead to a wrongful conviction or harsher punishment (including life imprisonment or even the death penalty in this case). By not securing crucial evidence for the defense (which is in the possession of a third party), the court would inadvertently tip the balance in favor of the prosecution, thus creating a disparity which must be obviated.

Ratio: The court at the stage of prosecution evidence, on the application of accused can direct telecom authority/service provider to produce call details and location details of prosecution witnesses.

 IN THE HIGH COURT OF RAJASTHAN AT JODHPUR

S.B. Criminal Misc(Pet.) No. 5372/2024

Mala Ram Vs. State of Rajasthan

Hon'ble Judges/Coram:

Arun Monga, J.

Decided On: 04.09.2024

Citation: 2024:RJ-JD:36831, MANU/RH/1477/2024.

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The Non-Collection of Call Detail Records: Implications for Testimony in Legal Proceedings

 The non-collection of Call Detail Records (CDR) can significantly impact the testimony of the deceased's parents in a case where the prosecution relies on telephonic communication as the primary evidence of ill-treatment for the following reasons:

1. Burden of Proof

The prosecution bears the burden of proving the case beyond reasonable doubt. In the absence of CDR, it becomes challenging to substantiate the claims made by the deceased's parents regarding telephonic communication. 

 2. Materiality of CDR

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The Role of Call Detail Records in Criminal Proceedings: A Critical Analysis

 Call Detail Records (CDRs) have emerged as pivotal pieces of evidence in criminal investigations, particularly in cases involving serious allegations such as cruelty and abetment of suicide. This article explores the significance of CDRs in legal proceedings under Indian law, highlighting key judicial interpretations and the implications of their absence in establishing a prosecution's case.

CDRs are logs created by telecommunications companies that detail the call history associated with a mobile phone number. These records include information such as the numbers dialed, the duration of calls, and timestamps, which can help establish the presence and communication patterns of individuals involved in a case.

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