Most effective methods to Get Call Records

             

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  Most effective methods to Get Call Records

  

Key Points

·    Call Records are just the Call logs of telephonic calls produced using a specific number to other numbers.

 

·    Not like "telephone tapping", but no longer have the contents of the call

 

·  Call Records are admissible as evidence Under section 65B of the Evidence Act.

·    Call statistics are used as proof in courts and via the usage of arbitrators, for tracing absconding or missing folks, retrieving lost mobile phones, etc.

 

·       Call Records can be bought via no officer with rank less than that of a Police Superintendent.

 

· Call Records can be acquired from telecom companies vide a Court order/direction only.

·     Individuals can gain the latest Call Records without Court orders with the help of the Customer Support Service of the company.

 

WHAT ARE CALL DATA & WHY THEY'RE NEEDED

As the title suggests, 'Call records' or 'call track records', are actually the systematic logs of telephonic calls made from a specific number and/or device to different numbers. Even although such data are typically saved for a shorter time span (usually a few days) in the device/instrument used for making such calls, the data for a longer duration (several months) can only be accessed only via the telecom companies. Call data in particular consist of data associated with to-

1. The genuine wide variety of calls made from a number,

2. List of different numbers to whom calls had been made,

3. Exact time and length of such calls, and

4. Which tower the individual acquired network from while making the specific call.

 

The Call Records are used as a primary supply of proof by parties pleading in a Court. The most frequent utilization of such files is found in criminal things for both proving alibis of the accused man or woman through Defense lawyer or disproving of the identical through the Prosecution.

However, utilization of Call Records is no longer limited to just criminal matters and is considered in civil conflicts involving contract claims, commercial enterprise transactions, and family disputes, amongst others. It needs to be cited that Call Records are actually the information of telephonic calls made, and are not identified as "Phone Tapping" which also includes the content of the call.

Call Records are admissible as legitimate proof in Courts and Tribunals under Section 65B of the Indian Evidence Act, 1872. It supplies, "any records contained in a virtual file which is outlined on a paper, saved, recorded, or copied in optical or magnetic media produced via a computer (hereinafter referred to as the pc output) shall be deemed to be also a document".

The Supreme Court too recently directed Telecom companies "to keep call data records (CDRs) and different relevant digital files seized during an investigation in a segregated and secure manner."

Other than being used as proof in Courts, Call Records are may additionally be used inter Alia for positive different functions such as:

•        use for investigation via law enforcement agencies,
•        use as proof via Arbitrators,
•    for tracing absconding or lacking persons,
•    for retrieving misplaced or stolen mobile phones, or for different private use.

 

It was once pointed out by the Crime Investigation Division (CID) Branch of a State that solved over 200 cases in a year actually with the help of Call Records.

The cell of the stated branch of CID said that it receives almost one hundred requests per day from technical investigating agents and returns the required facts within 12 hours, as the requests are right away forwarded to Telecom Companies.

 

PROCEDURE FOR OBTAINING CALL RECORDS

As handy as it can also sound, acquiring the Call Records is instead of a tedious process, which is an essential evil owing to the opportunity of grave misuse of such records. For instance, in 2012, the erstwhile Home Minister RR Patil had stated the anathema of call recordings and phone tapping, and promised motion in opposition to telecom agencies that have been observed to be under covenant with any private detective organization and indulge in the providing of call data of any cell number.

In every other instance, the government used to be compelled to revise guidelines after the Finance Minister Lt. Arun Jaitely too grew to become a sufferer of cellphone tapping.

 

Hence, to stop such misuse, it is necessary that the Call Records are saved securely, and covered by strict laws. As per the existing Government guidelines, the Telecom agencies are required to keep the Call Records for up to 6 months. It can be more, relying on the Telecom Company.

A specific Call Record, after being stored and being readily accessible for access for a fixed length (say, 6 months), is then archived to tapes. These archives can't be recovered easily, besides in situations involving an instant danger to national protection or high-profile cases of public importance.

 

The first sine-qua-non for acquiring the Call Records is that a court is comfortable that access to such recordings is vital for expeditious disposal of a case. On a prayer via any of the parties, the Court can direct able law imposing company or appropriate authority to request the Call Records from the concerned Telecom Company. If a telephone number is registered under a precise Telecom Company, its Call Record can be accessed solely through that company.

The second circumstance is related to 'who can request access to such data. After the aforesaid phone tapping of the former Finance Minister's cell phone, the government was once compelled to revise certain guidelines, and as of present, no officer with rank less than that of a Police Superintendent can attain Call Records from Telecom Companies.

 

Prior to this revision, even private Call Records ought to be accessed through any authority or law implementing agency, such as an Additional Police Commissioner, Deputy Commissioner of Police, Central Bureau of Investigation, and National Investigation Agency, among others.

 

Also, according to the revised rules, the accompanying points are to be dealt with:

·     The officer concerned, who is responsible to acquire the data, is required to make a listing of the obtained records and put up it to the District Magistrate.

 

·     The District magistrate is then required to send the details to the concerned Chief Secretary so that a state-wide report can correctly be maintained.

·     At present, each Additional Commissioner of Police (ACP) or Deputy Commissioner of Police (DCP) of the district, the Crime Branch, Economic Wing, Special Cell, IG Airport ACP, and Special Cell, Crime Branch has been approved to acquire Call Records.

·   There is no fixed time duration for getting access to the Call Record, and relying on the urgency in this case, it may also take somewhere between a few hours to quite a few days.

METHOD OF OBTAINING CALL RECORDS WITHOUT COURT ORDER

If for any reason, you want to access your Call Records that are no longer accessible on the device, the sole technique to do this is to contact your Telecom Company's Customer Support Service.

Only The company can you in knowing which records are sharable for them and giving you access to the recent data.

However, if the document that you are searching for is older than what the Company can permit you, there is no different remedy as efficacious as filing an application before a court, requesting it to direct the concerned Police Station to further order the Telecom Company to grant you access to the details. 

Even though call data are essential for the motive of helping Courts in expeditious

disposal of positive cases, and despite that, they provide numerously usages such as help in the investigation, the finding of lacking or absconding persons, etc., they are still concerned about grave misuse.

Therefore it is integral that Government remains proactive and ensures vital and well-timed revision of legal guidelines provisions governing such tools, which are successful of causing serious privateers' concerns.