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Cd is not required to be sealed in civil case to be used as

 

CD is not required to be sealed in civil case to be used as evidence

 

Therefore, it would be vain to suggest that because the CD was not sealed prior to its production, it cannot be admissible or used in evidence. This is a civil trial. The Defendant himself has recorded the conversation and produced the CD thereof. The Defendant could not have recorded it directly on the CD. The Plaintiff had to have an electronic process on an electronic instrument to record the conversation on the CD. It is for the Plaintiff to produce it. It is for the Court to consider and appreciate it. There is no question of sealing of a conversation recorded by a 
party to the civil lis himself. The sealing requirement is only in criminal trials. That is because the investigating officer records certain conversation either on a telephone to which a recorder has been appended or any other instrument to record the voice of a party under investigation. The investigating officer is required to keep such document, obtained in the course of his investigation safe from it being misused or tampered by anyone else until it is produced and used in the criminal trial. He must, therefore, seal what he has recorded and keep it safe from tampering for the examination by the Court. This would be just as he would seal any other property seized by him to be produced as an article in a criminal trial. This entire procedure is not required in a civil trial and hence the argument that because it is not sealed, it cannot be used in evidence is incorrect.

Bombay High Court
Mrs.Havovi Kersi Sethna vs Mr.Kersi Gustad Sethna on 28 January, 2011
Bench: R. S. Dalvi
Citation; 2011 (3) MH L J564

https://www.lawweb.in/2013/11/cd-is-not-required-to-be-sealed-in.html



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