Is it mandatory to submit your mobile phone to the investigating officer/court if your evidence is call recordings from the phone?

Question

► False complaint file by A against innocent citizen B gets closed due to lack of evidence. The action taken report says the case is closed due to lack of evidence. False accused B sends an application to the SP to initiate a complaint under BNS 217 against false complainant A for providing false information to the police. Now B has never met A except for when he saw him at the police station when A filed the false complaint. B has only spoken to A regarding delivery and can prove that the complaint filed by A is completely false and with a malicious intent of harassing, defaming B. falsely accused is ready to provide the call recordings in a pendrive along with the mandatory certificate but B does not want to submit the mobile as it has more than required personal data and police including the investigating officer cannot be trusted. What solution does B have in this case?

Answer 1

Dear Client,

Based on the facts provided, since the false complaint filed by A against B has already been closed due to lack of evidence, B is within his rights to seek action against A for malicious prosecution or for giving false information to the police. Under the Bharatiya Nyaya Sanhita (BNS), Section 217 can be invoked if false information was deliberately given with intent to mislead or harass.

In terms of evidence, B is entitled to submit call recordings along with the mandatory certificate under Section 65B of the Indian Evidence Act. It is not necessary to hand over the entire mobile phone if B does not wish to disclose personal data. Courts and police are bound to accept electronic records in the form of CDs, DVDs, or pen drives, provided they are accompanied by a proper 65B certificate. This protects B’s privacy while still complying with evidentiary requirements.

The solution, therefore, is for B to prepare the recordings in a pen drive, attach the Section 65B certificate, and submit them along with the complaint/application. If the police refuse to register or act, B can approach the Magistrate directly under Section 156(3) CrPC for directions.

Given the seriousness of false allegations and the need to ensure proper evidentiary compliance, you may take a one-on-one consultation with our office to draft the application and certificate correctly, and to safeguard against any misuse of personal data.

Hope this clarifies your position.

Is it mandatory to submit your mobile phone to the investigating officer/court if your evidence is call recordings from the phone?

1 Answer