As per law, telecoms are required to maintain it for 6 months. Getting telephone details of someone else without court's warrant is legally next to impossible.
How to get call data record of entire year 2018 now
I have filled a PCR against Police officer for harassing me for Money, There was a case against me and Court Police/Court PC when he had bought Summons from court told me to write my mobile number upon it after getting it signed. And then he had called to my mobile number two times in 2018 asking for money, at that time I didn't give any complaint against him because lack of legal knowledge as I myself had written my mobile number upon Court Summons, but in 2021 I have filled PCR against him when he did the same thing third time, So I want to know what are the ways to get Call Data Record Of the entire year 2018 now... And also that Police Constable is taking defence by saying that there was warrant against me in 2018 and he had came to arrest me hence I'm giving face complaint against him. Therefore Getting Call Data Record of 2018 has become very important for Me Now....
Asked 2 years ago in Criminal Law
Religion: Hindu
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11 Answers
A request for call data records for the year 2018 must be submitted in writing to the service provider that holds the records. The request must include proof of a valid reason for the request, as well as proof of legal entitlement to access the records. Depending on the service provider, a court order or other legal document may be required to support the request.
The licence condition between DOT and mobile service providers mandate that CDRs be provided by mobile companies to the law enforcement agencies & the courts upon their specific requests or directions.
2) mobile service providers are required to preserve records for one year
3) you can request court to pass orders to direct mobile service providers to provide call records
There's no provision in law to obtain call data records, that too after 5 years.
You may have to rely upon the circumstantial evidences alone
You can only get the same if the count directs the service provider for the same. It can't be provided on our request
File application in court to Direct IO to procure the calls record.
When accused doesn't appear on hearing date in court, Court will Issue Warrant... So what are Rules and Procedures that need to be Followed by Court PC/Court Police and the concerned Police officers in the related Police Station when warrant is issued.... Like should they mention about going to arrest accused in the Station Dairy ? And when Police went to arrest accused to his home and they were not able to find him there, then what action they should have taken ? What kind Documents I can collect through RTI in order to prove that the Police officer mention in above question had not came to arrest me ?
Asked 2 years ago
court will issue bailable warrant against accused . it is served through local police station
if accused does not attend court inspite of bailable warrant non bailable warrant can be issued against him
accused has to appear court to set aside warrant issued against him
1. Court issues a warrant for an accused who does not appear for a hearing.
2. Court also issues a proclamation requiring the person to appear in court on a particular date.
3. Proclamation must be read out by a court officer or public servant in the presence of two witnesses, in the last known place of residence of the accused.
4. If accused still fails to appear, then the court may direct the proclamation to be made in a public place near the last place of residence of the accused.
5. Police officers must proceed to arrest the accused and take him/her before the court that issued the warrant.
6. Police must mention the arrest in the station diary and provide accused with a copy of the warrant and proclamation.
7. Police must make inquiries at other places where the accused may be found and make best efforts to locate the accused.
8. Obtain documents related to the arrest through RTI application with the police station.
When the police is directed to execute the non bailable warrant then the police have to visit the address of the accused, arrest the accused.
If the accused is not available and reported to have left the place or absconding then the police may file a petition before the concerned court to declare the accused as a proclaimed offender under section 82 of cr.p.c for further action as per procedures of law
If you want to prove that the police had not visited your place at all then you can get the report of police through an application sent under RTI act.
Police executes the warrant by arresting accused and I'f not arrested the saud warrant is returned and court is informed about the reason for its non execution
To obtain the call data records (CDR) of a specific mobile number for a particular year, you can approach the service provider of the mobile network through which the number is registered. You will have to submit a request for the CDRs of that mobile number for the year 2018, along with the required fees and necessary identification documents. The service provider may take some time to provide you with the CDRs.
Regarding the procedures to be followed by the police when a warrant is issued, they are required to follow the provisions of the Criminal Procedure Code. If the accused does not appear on the hearing date, the court may issue a warrant for his arrest. The police are then required to execute the warrant by arresting the accused and producing him before the court. They may mention the details of the warrant in the station diary. If the accused is not found at his home, the police may make efforts to locate him through other means and may also take the help of the local community or other sources.
To obtain documents through RTI related to the procedures followed by the police in executing a warrant, you can file an RTI application with the concerned public authority. You may seek information related to the procedures followed by the police in executing warrants, including the details of the warrant, the steps taken by the police to locate the accused, and any other relevant information. The public authority will be required to provide you with the information sought, subject to the exemptions provided under the RTI Act.
