Admissibility of audio saved in email as an evidence.
(Querist) 13 July 2023
This query is : Resolved
I had an old phone in which I have recorded a few conversations. Additionally I used to save recordings in form of emails, so that I may access the same from anywhere.
Meanwhile due to wear and tear the phone got destroyed. Now I have the recordings but primary data is lost. I have only email copies where audio is fit and intact.I am ready for voice test and audio tempering test (if there is any)
I want to know if I can use the same as an evidence in a court case. Will 65B evidence act put any hindrance in the same. Pls suggest the technicalities.
T. Kalaiselvan, Advocate
(Expert) 15 July 2023
You follow the procedures prescribed in the Indian evidence act under section 65B, if it is insisting on production of the original device,then your situation would be helpless and you may not be permitted to produce the same as your side evidence