AI Overview...
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Section 91 CrPC - Powers and Limitations:
The court discussed that Section 91 of the CrPC authorizes a court or police officer to summon documents necessary for investigation or trial. However, the powers under Sec. 91 are limited to the trial stage, and applications for document preservation or production must be timely, respecting statutory time limits for data retention. Ravi Laxman Naik VS Police Inspector - Bombay -
Preservation of Digital Evidence (CDR/SDR):
Companies typically retain call data records (CDRs) and subscriber data (SDRs) for about one year before deletion. Courts have directed that hard copies of such data be preserved as per judicial orders. Nodal officers and service providers have provided CDR/SDR/CAF data upon request, with the prosecution establishing proof through witnesses and official documents. RATNAKAR GAUTAM KAMBLE @ RATTU vs THE STATE OF MAHARASHTRA - Bombay, PANDURANG GANPAT KOKAM vs THE STATE OF MAHARASHTRA - Bombay, ANAND BALAJI PATADE vs THE STATE OF MAHARASHTRA - Bombay -
Application under Section 91 for Evidence Production:
Notices under Sec. 91 CrPC are issued to obtain certified copies of land documents or call data, ensuring compliance with court orders. The courts have emphasized that such applications should be made within the permissible time limits for data preservation. SHRAVAN YADAV @ SIDDHARTH YADAV vs STATE OF CHHATTISGARH - Chhattisgarh, AKASH GUPTA vs STATE OF CHHATTISGARH - Chhattisgarh -
Judicial Orders and Data Preservation:
Courts have directed that data, especially CDR/SDR, be preserved in hard copies when digital data is to be retained beyond the usual period, in accordance with court orders. This ensures the availability of evidence during trial. RATNAKAR GAUTAM KAMBLE @ RATTU vs THE STATE OF MAHARASHTRA - Bombay, PANDURANG GANPAT KOKAM vs THE STATE OF MAHARASHTRA - Bombay
Analysis and Conclusion:
Section 91 CrPC provides the legal framework for summoning and producing documents relevant to criminal investigations and trials. While it primarily applies during the trial stage, courts have used it to access digital evidence like CDRs and SDRs, emphasizing the importance of timely preservation and production. Data preservation practices involve maintaining hard copies when digital data is deleted after a year, as per judicial directives. Therefore, the role of Section 91 in relation to digital evidence, including call data, is recognized, but its application must adhere to procedural timelines and preservation orders.
References:
- Ravi Laxman Naik VS Police Inspector - Bombay, RATNAKAR GAUTAM KAMBLE @ RATTU vs THE STATE OF MAHARASHTRA - Bombay, PANDURANG GANPAT KOKAM vs THE STATE OF MAHARASHTRA - Bombay, ANAND BALAJI PATADE vs THE STATE OF MAHARASHTRA - Bombay, SHRAVAN YADAV @ SIDDHARTH YADAV vs STATE OF CHHATTISGARH - Chhattisgarh, AKASH GUPTA vs STATE OF CHHATTISGARH - Chhattisgarh
Search Results for "Cdr Sdr Could be Preserve 91 Crpc"
2023 0 Supreme(Bom) 2177 • India - Bombay
B. P. DESHPANDE
CRIMINAL PROCEDURE - APPLICATION UNDER SEC. 91 OF CrPC - CrPC Sec. 91 - The court discussed the powers under ... Sec. 91 of the CrPC, which allows a court or police officer to summon documents deemed necessary for investigation or trial. ... Ratio Decidendi: The court held that the powers under Sec. 91 of the CrPC are limited to the stage of trial ... He submits that the application was filed only because there is time limit for preservation of #HL_....
2021 0 Supreme(Bom) 394 • India - Bombay
V.M.DESHPANDE, AMIT B.BORKAR
Code of Criminal Procedure, 1973 - Section 164, 173, 313 - Indian Penal Code, 1860 - Sections 34, 302, 364 ... The electronic evidence produced by the prosecution indicates that Mobile No. 8484022974 was used by accused Pramod alias Premanand (SDR Exh. 258), Mobile Nos. 8551060965 and 8551063719 were used by deceased Manoj (SDR Exh. 271), Mobile No. 7741943679 was used by accused Ashish (CDR Exh. 261) and Mobile ... Tidke would show that if asked, he could have produced the same. It shows that before ha....
2025 0 Supreme(Chh) 163 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Ramesh Sinha, CJ, Shri Ravindra Kumar Agrawal, J
Cr.P.C .). Sub-section (3) of Section 393 of the a href=".. ... 91. Let a copy of this judgment and the original records be transmitted to the trial Court concerned forthwith for necessary information and compliance.
2025 Supreme(Online)(Chh) 7533 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ankit Agarwal was given a notice under Section 91 Cr.P.C. Ex. P- 64 for making a certified copy of the land sale deed document. ... On the basis of the letter Ex.P-91 sent by Superintendent of Police Surguja on 26.06.2020 for providing call data, Nodal Officer Reliance had given the information of CDR and CAF which is Ex.P-92. ... On the same date, a written complaint Ex.P-78 was sent for providing mobile call data, SDR of Idea Company. On the same date, a written complaint Ex.P-79 was sent for providi....
2025 Supreme(Online)(Chh) 7532 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ankit Agarwal was given a notice under Section 91 Cr.P.C. Ex. P- 64 for making a certified copy of the land sale deed document. ... On the basis of the letter Ex.P-91 sent by Superintendent of Police Surguja on 26.06.2020 for providing call data, Nodal Officer Reliance had given the information of CDR and CAF which is Ex.P-92. ... On the same date, a written complaint Ex.P-78 was sent for providing mobile call data, SDR of Idea Company. On the same date, a written complaint Ex.P-79 was sent for providi....
2021 Supreme(Online)(Bom) 1091 • India - High Court of Bombay
HON'BLE SHRI JUSTICE V.M. DESHPANDEHON'BLE SHRI JUSTICE AMIT BORKAR
The electronic evidence produced by the prosecution indicates that Mobile No. 8484022974 was used by accused Pramod alias Premanand (SDR Exh. 258), Mobile Nos. 8551060965 and 8551063719 were used by deceased Manoj (SDR Exh. 271), Mobile No. 7741943679 was used by accused Ashish (CDR Exh. 261) and Mobile ... 91. In this case, all the recoveries are proved by panch witnesses PW17 Vijay Deonade and PW18 Sachin Bire. These two witnesses have fully supported the prosecution. ... Tidke would show that if asked, he c....
2024 Supreme(Online)(Bom) 10957 • India - High Court of Bombay
HON'BLE JUSTICE R.P. MOHITE-DEREHON'BLE MS. JUSTICE GAURI GODSE
He has further stated that their company preserves data for a period of one year after which the data is deleted; that High Court had directed to preserve hard copies and therefore the said data was preserved by way of hard copies of XXXXXX3863 and XXXXXX8877; that this Court had issued the said order ... Chavan submitted that the prosecution has proved the CDR/SDR/Cell ID documents/information as sought for, through the Nodal Officers. ... No. 190/ SP/ SIT/ 2011 Sub.: Provide SDR & #....
2024 Supreme(Online)(Bom) 10956 • India - High Court of Bombay
HON'BLE JUSTICE R.P. MOHITE-DEREHON'BLE MS. JUSTICE GAURI GODSE
He has further stated that their company preserves data for a period of one year after which the data is deleted; that High Court had directed to preserve hard copies and therefore the said data was preserved by way of hard copies of XXXXXX3863 and XXXXXX8877; that this Court had issued the said order ... No. 529/ DCP/ SIT/ 2010 Sub.; Providing hard copies of CDR and SDR of mobile user - XXXXXX4910 (Mr. ... Chavan submitted that the prosecution has proved the CDR/SDR#....
2024 Supreme(Online)(Bom) 10981 • India - High Court of Bombay
HON'BLE JUSTICE R.P. MOHITE-DEREHON'BLE MS. JUSTICE GAURI GODSE
He has further stated that their company preserves data for a period of one year after which the data is deleted; that High Court had directed to preserve hard copies and therefore the said data was preserved by way of hard copies of XXXXXX3863 and XXXXXX8877; that this Court had issued the said order ... No. 529/ DCP/ SIT/ 2010 Sub.; Providing hard copies of CDR and SDR of mobile user - XXXXXX4910 (Mr. ... Chavan submitted that the prosecution has proved the CDR/SDR#....
2024 Supreme(Online)(Bom) 10983 • India - High Court of Bombay
HON'BLE JUSTICE R.P. MOHITE-DEREHON'BLE MS. JUSTICE GAURI GODSE
He has further stated that their company preserves data for a period of one year after which the data is deleted; that High Court had directed to preserve hard copies and therefore the said data was preserved by way of hard copies of XXXXXX3863 and XXXXXX8877; that this Court had issued the said order ... No. 529/ DCP/ SIT/ 2010 Sub.; Providing hard copies of CDR and SDR of mobile user - XXXXXX4910 (Mr. ... Chavan submitted that the prosecution has proved the CDR/SDR#....
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