Adultery

AC MAINI (Querist) 17 October 2009 This query is : Resolved
In the present electronic age Pl. tell me if the E mails exchanged between two conspirators are admissible as evidence.

Similarly in adultery whether recorded Telephone conversation having illicit relation talks can stand to prove the offence.

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Adv Archana Deshmukh (Expert) 17 October 2009
Recorded Telephone conversation, emails are of course admissible in evidence. In case of tape recorded conversation, the voice should be identified, the tape should be clearly audible, the accuracy of the tape that it was not tampered with should be proved. Such evid. have to be substantiated by other evidences to prove the existance of the facts. But nevertheless it can be an imp. piece of evid.

joyce (Expert) 17 October 2009
I agree with Archana.

Sachin Bhatia (Expert) 17 October 2009
agree with Adv Archana

adv. rajeev ( rajoo ) (Expert) 18 October 2009
to prove it requires expert opinion and cogent evidences.

K.C.Suresh (Expert) 18 October 2009
The email can be prooved more substantially than the telephone conversation

PJANARDHANA REDDY (Expert) 18 October 2009
TELEPHONIC CONVERSATION RECORDING IS A CRIME AS PER THE INDIAN TELEGRAPHIC ACT, HENCE THE WHERE IS THE QUESTION OF PRODUCING AS EVIDENCE?
ANY EMAIL IS ADMISSIBLE IN LAW AS PER IT ACT 2000, WITH AUTHENTICATION FROM THE PROVIDER OR SUPPORTING PROOF OF ORIGIN.

Adinath@Avinash Patil (Expert) 18 October 2009
MAINI,
GO THROUGH THE SECTION 88 A OF THE INDIAN EVIDENCE ACT.
SECT.-88 A- PRESUMPTION AS TO ELECTRONIC MESSAGES.

READ WITH.
SECT -65- ADMISSIBILITY OF ELECTONIC RECORDS.
YOU WILL GET YOU ANSWER.

Raj Kumar Makkad (Expert) 18 October 2009
Yes. As opined by other experts.

Elango (Expert) 18 October 2009
As per Sec.3 of Indian Evidence Act as amended by Act 21 of 2000, "Evidence" means and includes "all documents including electronic records produced for the inspection of the Court". So, the email contents and the recordings of telephonic talks are "evidence", as per Law. They could very well be used as evidence - the proof of the same shall be according to the guiding Laws as suggested by Advs.Archana and Reddi.