Short answer: Call detail records (CDRs) are obtained by the police from telecom service providers, usually through a written requisition under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). They show who called whom, when and for how long, and which mobile tower handled the call. They do not show what was said, tower locations are only approximate, and to be used as evidence they must be accompanied by a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What a CDR shows, and what it does not
A CDR is a log kept by the telecom company. It usually includes the calling and called numbers, date, time, duration, the type of event (call, SMS, data session) and the cell ID of the tower that served the phone. Linked records, such as the customer application form, show in whose name the number was issued.
What a CDR does not show is equally important. It does not record the content of a conversation; listening to calls is a separate process of interception with its own stricter authorisation. It does not prove who was holding the phone. And a tower location places a phone within a coverage area, which can be wide in rural areas and overlapping in dense cities such as Noida and Delhi. A tower record alone usually cannot place a person at a precise address.
How police obtain CDRs
Section 94 BNSS (old Section 91 CrPC) allows a court or the officer in charge of a police station to require any person to produce a document or thing necessary for the investigation. In practice, police send a requisition to the service provider, which supplies the records. Telecom companies keep these records only for a limited period, which is why timing matters.
The Section 63 BSA certificate
A CDR is an electronic record. Under Section 61 BSA, electronic records are admissible like other documents, but a copy, such as a printout, must be supported by a certificate under Section 63 (old Section 65B of the Indian Evidence Act) in the prescribed form. For CDRs, this is usually given by the nodal officer of the service provider. In Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), the Supreme Court held that such a certificate is mandatory for secondary electronic evidence, though it may be produced at a later stage of the trial subject to fairness. More on digital evidence is in our article on forensic, medical and digital evidence delays.
Using CDRs in your defence
CDRs are not only a prosecution tool. If you were somewhere else at the relevant time, your own phone’s location records may support an alibi. Similarly, the complainant’s or a witness’s records may contradict their version.
- Act quickly. Because records are kept only for a limited period, an application to the court for preservation should be made early.
- Apply to the court for preservation and production. Courts have allowed applications by accused persons directing service providers to preserve and produce CDRs and tower location records for specified numbers and dates.
- Be specific. Identify the numbers, the date and time window, and why the records are relevant. Broad requests for someone’s entire call history are more likely to be refused on privacy grounds.
- Insist on the certificate. Records produced by either side should come with a Section 63 certificate from the service provider.
- Gather supporting material. Toll receipts, CCTV, office access logs, bills and witnesses help corroborate what the CDR suggests.
- Do not alter your own phone. Keep your device and data intact. Deleting messages or resetting a phone connected with a case can create serious difficulties.
Privacy and limits
The Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017) recognised privacy as a fundamental right. Call records reveal a great deal about a person’s life, so courts expect requests to be relevant and proportionate. If your records have been sought or disclosed in a manner you consider unlawful, that can be raised before the court.
Common questions
Can CDRs alone prove that I committed an offence?
CDRs are usually treated as corroborative. They may show contact or approximate location, but courts look for other evidence linking the person to the act.
Can I get the complainant’s CDR?
You can apply to the court. The court will weigh relevance to your defence against the other person’s privacy, and may limit the period or the numbers.
What if the CDR has no certificate?
An uncertified printout faces an objection on admissibility. The prosecution may seek to produce a certificate later, which the court will consider.
When to speak to an advocate
Speak to an advocate early if location or phone contact will be an issue in your case. Preservation applications are time-sensitive, and a delay of a few months can mean the records are no longer available.
Sources: Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code); Bharatiya Sakshya Adhiniyam, 2023 (India Code).
For a confidential discussion about call records in your case, see Criminal Lawyer, Surajpur Court, Greater Noida.
General legal information only; not legal advice or solicitation.
