Voice recording as evidence
Heinrich Manoah
(Querist) 30 October 2010
This query is : Resolved
In a suit for specific performance and permanent injunction we have evidence in the form of voice recording which is put in a CD and submitted to the court. The opposite advocate claims that the CD cannot be accepted according to the provision of Section 65b of the evidence act. Any help regrading how to handle this would be appreciated. Thanks
Devajyoti Barman
(Expert) 30 October 2010
The voice recording can be admissible in evidence if the device where the same is stored is found to be authentic and without any tampering. As in your case the advocate of the opposite party disputes its admissibility, you can apply before the court for proving its authenticity by FSL.
s.subramanian
(Expert) 30 October 2010
Yes. I agree. But the burden of proving the veracity of the voice is squarely upon you.
bhupender sharma
(Expert) 30 October 2010
meet the requirement of the section 65A and 65B of the evidence Act IT willbe admissible .
M V Gupta
(Expert) 01 November 2010
For establishing the authenticity and veracity of the recording on the CD, admitted voice samples of the person in question may have to be sent to the Forensic Science Laboratory for comparison. Your Advocate will have to make an application to the Court for the above purposes.
