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Is audio recording court proceedings on mobile phone legal?

(Querist) 18 April 2018 This query is : Resolved 
Can petitoner/ respondents recording court proceedings on mobile phone by audio legal?

Hon Supreme Court has said like this

What is the need for privacy in courts?: SC allows both audio and video recording of proceedings
Justice AK Goel held that the earlier order on installing CCTV cameras in court complexes was in ‘larger public interest’.
What is the need for privacy in courts?: SC allows both audio and video recording of proceedings
The Supreme Court on Tuesday allowed audio and video recording of proceedings in courtrooms, saying judges do not require privacy in the court, The Hindu reported.

Justice AK Goel, who presided over the matter along with Justice UU Lalit, dismissed concerns that such a move would infringe upon the privacy of judicial minds. “There is no privacy in a court, we are sitting here for all,” he said.

The court had mulled over the move in August by expanding the scope of a plea filed by petitioner Pradyuman Bisht, who had urged the bench to direct the government to install closed-circuit television cameras in criminal courts to ensure fair trial.

On Tuesday, the bench asked the Centre how much progress it had made on its earlier order that said surveillance cameras must be installed inside courtrooms and court complexes in at least two districts across states and Union Territories, PTI reported.

When Additional Solicitor General Pinky Anand, who was representing the Centre, asked the court for more time to file a status report, Justice Goel said the government should “not prolong matters”.

“Do not delay it,” the bench said. “This step is in larger public interest, discipline and security.”

The Supreme Court will take up the matter for further hearing on Thursday.

https://scroll.in/latest/858713/what-is-the-need-for-privacy-in-courts-sc-allows-both-audio-and-video-recording-of-proceedings
Ms.Usha Kapoor (Expert) 18 April 2018
Audio recordings on mobile phone are admissible in evidence if they are trustworthy. Genuine and corroborated by other evidence and if satisfies section 65B they are admissible .Click the following link for further information on this issue.
https://www.quora.com/Can-audio-recordings-be-used-as-proof-in-court-cases-in-India
R.Ramachandran (Expert) 18 April 2018
Audio /video recording of the court proceedings by anybody (other than by the Court authorised persons) including the parties to the case, is strictly prohibited. If caught one will be hauled up for sure.

P. Venu (Expert) 18 April 2018
Is there any real issue?
Consumer Complainant (Querist) 18 April 2018
The real issue is this:

Sir,

All my I have been meritorious student. Having won gold medals silver medals bronze medals during my 10th, 12th, degree, post graduation degree.
I am now pursuing Law in Bangalore university. I had finished my 1st year with flying colours and the same cannot be said about second year. I am I my final year now. But I am unable to complete my second year 10 subjects. Why? Nobody is ready to point out. I have already written the exams 3 times. Each time the marks are the same. I apply for revaluation, still the marks are same. I felt that the university or college does not want me to get law degree.
1st time I wrote as per instructions of my lecturers. I failed.
2n d time I reenquired with faculty and wrote again I failed.
3rd time I did same but again failed. I felt something is fishy. So I asked for evaluated answer books. Then I found that none of my answer books are corrected at all. There is no tick mark. No wrong mark. I asked about this to college management. They did not tell anything. Then I asked the same via rti to university, along with that I asked what the method of evaluation system adopted in evaluating answer books.
The answer was nothing. They are doing oral evaluation. No system in place to allot marks. Simply without any reason behind it they allot marks.
And they don’have model answers books or scheme of evaluation.
So I wrote down all this and gave complaint to consumer court.
The consumer court registered the complaint but did not send notice to any of the opposite parties which are the university and the evaluation registrar plus college management.

What the judge said was, if I send notice to opposite parties, I will have to conduct trial. As there is no evaluation system in place at all, how the university evaluated your papers cannot be ascertained at all. Hence they will have to give grace marks to you in all the 10 subjects and pass you. But why should I do this? He asked. Even my son failed. He also applied for copies, revaluation, not a mark increased or decreased. What can anybody do about it? Then he asked if I had citiations. I gave 1. He said ok. He will look into it and gave one more date. He said he wwants one more citation. I found one. But when I gave him on next date he said case dismissed. If I give orders in favor of you tmrw morning 500 complaints like yours will come and fall in my forum. I don’t have time to read the pending cases. When will I read new ones if they come in batches of 500. Like that govt will have to open 10 more forums in Bangalore to take student complaints. Then he said case dismissed. You can approach competent court.
What judge has told in order I mentioned above already.

Issue is: Just because he does not want students to come in large numbers and give complaint to consumer forum. He dismissed my case.
R.Ramachandran (Expert) 19 April 2018
You have no legal right to make audio recording of whatever the judge told in the court room. It is illegal to record such proceedings Still more illegal to produce that before any court.
If you are so strong about your case, why don't you approach the High Court by way of Writ Petition?
Consumer Complainant (Querist) 19 April 2018
How to file writ petition in HighCourt? Can you guide me?
Ms.Usha Kapoor (Expert) 21 April 2018
I stick to my original opinion. Repeated.
R.Ramachandran (Expert) 23 April 2018
@Ms.Usha Kapoor: Why are you so conceited? Don't you have any compunction? Are you so strong in your views that you suggest that the queriest can himself can record the court proceedings (audio/video) and produce it before the Court?
Come clean on this specific and pointed query.
I absolutely do not have any grouse/concern in your sticking to your stand. That is absolutely your right and choice.
BUT I AM CONCERNED ABOUT THE WELL BEING OF THE QUERIST that he should not get misled by such horrendous views!

Consumer Complainant (Querist) 27 April 2018
So whther to use it or go writ petition in HC? Anybody woulld like to guide?
Ms.Usha Kapoor (Expert) 06 June 2018
I stick to my view as above.I wrote my answer for a different purpose. I don't recommend my clients to record court proceedings on their mobiles. To prove a point in court in support of their case civil or criminal case they can use Audio visual evidence which is admissible if corroborated by other evidence as I stated above.
R.Ramachandran (Expert) 06 June 2018
MS. Usha Kapoor: When there is a specific query by a querist giving a specific situation, it is preposterous on your part to say that you gave your answer for a different purpose!
Blatantly you have given a wrong answer and now trying to cover up your goof up!!
Unpardonable attitude!
Guest (Expert) 06 June 2018
Apparently a face saving device adopted by the expert in the name of different purpose, when purpose not explained by the expert!
Guest (Expert) 06 June 2018
Apparently a face saving device adopted by the expert in the name of different purpose, when purpose not explained by the expert!
Consumer Complainant (Querist) 07 June 2018
Usha Kapoor.
Dhingra.
Ramachandra.

All three of you have started to fight among yourselves. You can continue that. But you should form a consensus as to whether it is legal to record the proceedings on video or audio or on both as the judge in my case has simply told one thing orally and has not mentioned it in his judgement. If judges dont adhere to their own words, then what is the use of them sitting on seats of justice?

There is no other option left for me to prove to the next appellate authority that the judge simply lied, this I can prove only via video and audio recording. If judges are corrupt, then what can I do? How to catch these crooks?
Guest (Expert) 07 June 2018
Mr. Fakely named, "consumer complainant",

It seems you can't appreciate efforts of anyone, who cares that the querist should get right advice. If you don't want to know who is trying to mislead you by her misleading statement, you may feel free to act upon her advice and file a case in the appropriate court of law to get judgment on the issue.

Even otherwise also, instead of discussing your real problem, you have merely commented (adversely) on which court, judge, Additional Solicitor General, etc. said what in which case, which has no relevance to your case.

Purely academic queries, like yours. attract only different confusing responses. You have to bear with that or hire services of some lawyer to fight your cause, instead of commenting on the differences of opinions of judges, Solicitor Genera, lawyers or experts.
.
Guest (Expert) 07 June 2018
Mr. Fakely named, "consumer complainant",

It seems you can't appreciate efforts of anyone, who cares that the querist should get right advice. If you don't want to know who is trying to mislead you by her misleading statement, you may feel free to act upon her advice and file a case in the appropriate court of law to get judgment on the issue.

Even otherwise also, instead of discussing your real problem, you have merely commented (adversely) on which court, judge, Additional Solicitor General, etc. said what in which case, which has no relevance to your case.

Purely academic queries, like yours. attract only different confusing responses. You have to bear with that or hire services of some lawyer to fight your cause, instead of commenting on the differences of opinions of judges, Solicitor Genera, lawyers or experts.
Guest (Expert) 07 June 2018
Mr. Fakely named, "consumer complainant",

It seems you can't appreciate efforts of anyone, who cares that the querist should get right advice. If you don't want to know who is trying to mislead you by her misleading statement, you may feel free to act upon her advice and file a case in the appropriate court of law to get judgment on the issue.

Even otherwise also, instead of discussing your real problem, you have merely commented (adversely) on which court, judge, Additional Solicitor General, etc. said what in which case, which has no relevance to your case.

Purely academic queries, like yours. attract only different confusing responses. You have to bear with that or hire services of some lawyer to fight your cause, instead of commenting on the differences of opinions of judges, Solicitor Genera, lawyers or experts.
Guest (Expert) 07 June 2018
Mr. Fakely named, "consumer complainant",

It seems you can't appreciate efforts of anyone, who cares that the querist should get right advice. If you don't want to know who is trying to mislead you by her misleading statement, you may feel free to act upon her advice and file a case in the appropriate court of law to get judgment on the issue.

Even otherwise also, instead of discussing your real problem, you have merely commented (adversely) on which court, judge, Additional Solicitor General, etc. said what in which case, which has no relevance to your case.

Purely academic queries, like yours. attract only different confusing responses. You have to bear with that or hire services of some lawyer to fight your cause, instead of commenting on the differences of opinions of judges, Solicitor Genera, lawyers or experts.
Guest (Expert) 07 June 2018
Mr. Fakely named, "consumer complainant",

It seems you can't appreciate efforts of anyone, who cares that the querist should get right advice. If you don't want to know who is trying to mislead you by her misleading statement, you may feel free to act upon her advice and file a case in the appropriate court of law to get judgment on the issue.

Even otherwise also, instead of discussing your real problem, you have merely commented (adversely) on which court, judge, Additional Solicitor General, etc. said what in which case, which has no relevance to your case.

Purely academic queries, like yours. attract only different confusing responses. You have to bear with that or hire services of some lawyer to fight your cause, instead of commenting on the differences of opinions of judges, Solicitor Genera, lawyers or experts.
R.Ramachandran (Expert) 07 June 2018
@Consumer Complainant: On 18.4.2018 itself I had very categorically answered saying : "Audio /video recording of the court proceedings by anybody (other than by the Court authorised persons) including the parties to the case, is strictly prohibited. If caught one will be hauled up for sure "

If that is not clear to you, then nothing will.

Ms.Usha Kapoor (Expert) 17 June 2018
I stick to my above view.


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