1 month ago
Delhi Court Upholds Charge‑Framing Despite Missing Phone
A man named Aditya Biswas was accused of putting a video of a child in a bad situation on Facebook.
A court in Delhi said it was okay to charge him even though they couldn't find the phone he used.
The court said that if they can see the phone’s data and the internet address that shows the man used the account, they don’t need the phone itself.
The case started after a police station in South Delhi got a report from a U.S. group that helps find missing children.
The court decided that the missing phone does not stop the trial.
Delhi court upheld order to frame charges against Aditya Biswas for uploading child sexual abuse material on Facebook.
Court ruled that missing mobile phone cannot bar prosecution when digital evidence links accused to account.
Charges directed under Section 67B of the Information Technology Act.
Case based on FIR from South Delhi cyber police, triggered by NCMEC CyberTipline report.
Accused claimed no mobile recovered and no Facebook or NCMEC officials examined, but court rejected.
- Who
- Aditya Biswas and Additional Sessions Judge Hargurvarinder Singh Jaggi
- What
- Delhi court upheld order to frame charges for uploading child sexual abuse material on Facebook
- Where
- Delhi, India – South Delhi cyber police station
- When
- Order dated July 27, 2024; case registered December 2022
- Why
- Digital evidence links accused to the account, making phone recovery unnecessary
Key facts
- Accused
- Aditya Biswas
- Court
- Delhi court
- Charge
- Section 67B of the Information Technology Act
- Mobile phone recovered
- No
- Digital evidence
- IP logs and subscriber data
Quotes
Additional Sessions Judge Hargurvarinder Singh Jaggi
Delhi court judge
“"The physical recovery of a mobile phone is not an absolute sine qua non for framing a charge when the digital trail, particularly IP logs and subscriber data, securely links the transmission to the accused’s control over the social media account."”
thehansindia.com
m.rediff.com





