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lucky12321 (Job)     22 April 2016

Mobile recordings in pen drive

Hi All,

I have mobile recordings but not in original device as my wife having virus to check my mobile on daily basis so I have copied the call recordings folder from my mobile to hard drive and pen drive for safety purpose Just want to know that does court accept this recording which are saved in pen drive or it's useless.

I am not able to find concrete answer as some said it's useless but some lawyer said it's accepted in court. Please advice

Regards,

Lucky



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 10 Replies

Anand   25 April 2016

Court will accept it as evidence but the evidence will be much more convincing and carry more weight if you also have the original device that the recordings were made on. It will also depend greatly on the judge and how he wishes to view the evidence. If your wife has hacked your phone you should take immediate steps to remedy the situation, such as changing your handset or having the tracking software removed.

1 Like

lucky12321 (Job)     26 April 2016

Thanks Anand for your reply yes i am having orignal device in which recordings were made on. No my handset is not hacked by any one but the problem is as most of the wifes do daily basis phone verification/scanned so due to saftey pupose i cut the recordings folder from mobile to pen drive..:)

Regards,

Lucky

jaig   28 April 2016

Sorry I didn't understand the part "not in original device as my wife having virus to check my mobile ". Does your wife know about the virus ? Then she can possibly challenge the evidence.

 

If not, I would suggest preserve the original phone, format/reinstall everything if the virus is serious else it will make the phone defunct, and copy the recording audios back to the phone carefully in the same location where it would have been had the data not lost.. also keep the pen-drive backup. I dont think court will take your phone, you would need to submit the pen-drive/CD version only. You would not tell about the virus or formatting, just tell you extracted the recordings. then I think there would not be any reason to doubt it.

 

Correct me if I am wrong..

If this is dowry case how come your wife is still with you ?

1 Like

lucky12321 (Job)     28 April 2016

Sorry I didn't understand the part "not in original device as my wife having virus to check my mobile " Means my wife check my mobile phone on daily basis as she is suspicious nature lady..not in original device due to saftey reason i have cut the mobile recordings folder from mobile phone and saved in pen drive so that my wife can't see those recordings.Yes me and wife live togther as no case files by any one but i suspect she will file the cases in near futuer becuase she always  threats me about false DV and 498a case for the sake of saftey i am start recordings the phone conversation.

My question here is as most the 498a victims always said always keep phone recordings in original device don't transfer the original media otherwise court will not accept the recordings but when i met with lawyers they said don't worry court will accept the same recordings if it's not in original device but you have to submit afidavit under section 65(b) with those recordings so i am in delima who is correct ?

Note: I am having the original device(Mobile phone) and it's in working condition and there is no virus in my mobile phone but yes virus in my wife mind..:)

 

Regards,

Lucky

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 May 2016

If the recordings are copied in some other device they have lost the original character and are prone to being edited. The same would not be admissible as evidence in criminal case or any other case except for cases running in Family Court.

 

If the Family Court still deems fit, it may still consider the same, as the rules of Indian Evidence Act are bit relaxed in family court.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

1 Like

Mukesh sharma (job )     05 May 2016

I agree with kapor sir as they mention fi you say you copy all data maoile to phone than its first seen copy data not in original and its come in secondary avidence not in first and in court prefer prime  but you need to show mobile in court where you copy all data.

and its all depand on judge but he think on about avidence 

thanks 

1 Like

lucky12321 (Job)     05 May 2016

@Thanks Shonee Bhaiya for clarification both online and offline mode...;)

 

Regards,

Lucky

Rashid Khan   14 September 2023

Hello My pen drive file error please help me to recovery my file, i requested here to please share the steps to recovering a file.

Regards,

 

Sudhir Kumar, Advocate (Advocate)     15 September 2023

Originally posted by : Rashid Khan

Hello My pen drive file error please help me to recovery my file, i requested here to please share the steps to recovering a file.

Regards,

 

technical query and not a legal query.

Rashid Khan   15 September 2023

Yes this is my Technical Query if any other person have solution about my problem please revert me back.

 

Regards,
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