1 month ago

Delhi Court Upholds Charge‑Framing Despite Missing Phone

Delhi Court Upholds Charge‑Framing Despite Missing Phone
Delhi court says missing mobile can’t shield accused from trial · thehansindia.com

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.

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

Sources

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