Regulations on CDR

Mr. Neeraj Soni
Mr. Neeraj Soni
Researcher - Policy & Advocacy, CyberPeace
PUBLISHED ON
Oct 12, 2023
10

Introduction:

CDR is a term that refers to Call detail records, The Telecom Industries holds the call details data of the users. As it amounts to a large amount of data, the telecom companies retain the data for a period of 6 months. CDR plays a significant role in investigations and cases in the courts. It can be used as pivotal evidence in court proceedings to prove or disprove certain facts & circumstances. Power of Interception of Call detail records is allowed for reasonable grounds and only by the authorized authority as per the laws. 

Admissibility of CDR’s in Courts:

Call Details Records (CDRs) can be used as effective pieces of evidence to assist the court in ascertaining the facts of the particular case and inquiring about the commission of an offence, and according to the judicial pronouncements, it is made clear that CDRs can be used supporting or secondary evidence in the court. However, it cannot be the sole basis of the conviction. Section 92 of the Criminal Procedure Code 1973 provides procedure and empowers certain authorities to apply for court or competent authority intervention to seek the CDR. 

Legal provisions to obtain CDR:

The CDR can be obtained under the statutory provisions of law contained in section 92 Criminal Procedure Code, 1973. Or under section 5(2) of Indian Telegraph Act 1885, read with rule 419(A) Indian Telegraph Amendment rule 2007. The guidelines were also issued in 2016 by Ministry of Ministry of Home Affairs for seeking Call details records (CDRs)

How long is CDR stored with telecom Companies (Data Retention)

Call Data is retained by telecom companies for a period of 6 months. As the data amounts to high storage, almost several Petabytes per year, telecom companies store the call details data for a period of 6 months and archive the rest of it to tapes. 

New Delhi 25Cr jewellery heist 

Recently, an incident took place where a 25-crore jewellery theft was carried out in a jewellery shop in Delhi, It was planned and executed by a man from Chhattisgarh. After committing the crime, the criminal went back to Chhattisgarh. It was a case of a 25Cr heist, and the police started their search & investigation. Police used technology and analysed the mobile numbers which were active at the crime scene. Delhi police used advanced software to analyse data. The police were able to trace the mobile number of thieves or suspects active at the crime scene. They discovered suspected contacts who were active within the range of the crime scene, and it helped in the arrest of the main suspects.  From around 5,000 mobile numbers active around the crime scene, police have used advanced software that analyses huge data, and then police found a number registered outside of Delhi.  The surveillance on the number has revealed that the suspected criminal has moved to the MP from Delhi, then moved further to Bhilai Chattisgarh. Police have successfully arrested the suspected criminal. This incident highlights how technology or call data can assist law enforcement agencies in investigating and finding the real culprits.

Conclusion: 

CDR refers to call detail records retained by telecom companies for a period of 6 months, it can be obtained through lawful procedure and by competent authorities only. CDR can be helpful in cases before the court or law enforcement agencies, to assist the court and law enforcement agencies in ascertaining the facts of the case or to prove or disprove certain things. It is important to reiterated that unauthorized seeking of CDR is not allowed; the intervention of the court or competent authority is required to seek the CDR from the telecom companies. CDRs cannot be unauthorizedly obtained, and there has to be a directive from the court or competent authority to do so.

References:

PUBLISHED ON
Oct 12, 2023
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