Audio evidence
mukesh jain
(Querist) 05 June 2012
This query is : Resolved
petitioner of sec 138 case, accused made audio recording of conversation, cheque given to the petitioner was misused and amount was fully paid,it is clear in the recording, will this recording will be useful to the accused, to prove that he is not guilty.plz advice
PARTHA P BORBORA
(Expert) 05 June 2012
it can be used as defence evidence. But it is not a primary evidence, it may be considered as secondary evidence if it is preserved unedited and in its original form as well as the voice of the complainant is scientifically proved in the court during trial.
MohammedRaffiq Bijapur
(Expert) 05 June 2012
After commencement of Information Technology Act, 2000, the contents of the electronic records may be proved in accordance with provisions of Sec 68 B of the Indian Evidence Act
As rightly said By Expert-Borbora such evidence shall be only secondary evidence.
ajay sethi
(Expert) 05 June 2012
Yes,You can use under section 65(B)as a secondary evidence and in this you have no need to prove its original or not.
Conditions Of Admissibility:
In Pratap Singh v. State of Punjab, AIR 1964 SC 72. in the case of Ram Singh v. Col. Ram Singh, AIR 1986 SC 3, following conditions were pointed out by the Apex Court for admissibility of tape recorded conversation:
a) the voice of the speaker must be duly identified by the maker of the record or by others who recognize his voice. Where the maker has denied the voice it will require very strict proof to determine whether or not it was really the voice of the speaker.
b) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence direct or circumstantial.
c) Every possibility of tempering with or erasure of a part of a tape recorded statement must be ruled out otherwise it may render the said statement out of context and, therefore, inadmissible.
d) The statement must be relevant according to the rules of Evidence Act.
e) The recorded cassette must be carefully sealed and kept in safe or official custody.
) The voice of the speaker should be clearly audible and not lost or distorted by other sounds or disturbance.
R.K Nanda
(Expert) 05 June 2012
Agree with experts.
Guest
(Expert) 06 June 2012
I concur with the opinion of Mr.Sethi.
J K Agrawal
(Expert) 07 June 2012
Dear Sirs
I am differ
The evidence is admissible as a "document" showing state of things but not under section 65 B of the evidence act.
To come with in preview of section 65 the recording must be from such a computer which records such a thing in ordinary course of business. For example a recording generally done for security purpose which is regular and day to day can be used and not an intentional and particular recording.
