Do courts accept audio recording as evidence?

Querist : Anonymous (Querist) 29 December 2011 This query is : Resolved
Respected Experts,

Prior to obtaining power of attorney (to sell a land), the agent negotiated price (without the principal's knowledge). Can the conversation(recorded audio) between the buyer and the principal be considered as evidence that the agent had the intention to fraud?

Thanks in advance for your response.

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Shonee Kapoor (Expert) 29 December 2011
Audio recordings are admissible evidence, subject to certain conditions.

However whether it proves fraud or not would be a matter of fact.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Rajeev Kumar (Expert) 29 December 2011
Yes mr.kapoor is right

Advocate. Arunagiri (Expert) 29 December 2011
Audio record can be a evidence.

But, the agents discussion for price prior to get POA is not a illegal act.

Devajyoti Barman (Expert) 29 December 2011
Yes if its authenticity is established or is admitted without challenge then it can be admissible in evidence.
But that does not mean that the agent has done any fraud.
You need other important corroboration as well.

ashutosh mishra (Expert) 29 December 2011
Yes !It can be admitted if the voice is proved authentic.

Nadeem Qureshi (Expert) 30 December 2011
Dear Querist
Audio tape is acceptable in evidence as secondary evidence. recently in Jan 2001 Bombay High Court Held that Tape recorded coversation is admissable in evidence, must pass three tests viz, identification, relevancy and accuracy. where the voice denied by maker, it requires strict proof to determine whether it was really his voice.
read 65 B of Indian Evidence Act, 1872
feel free to call

Nadeem Qureshi (Expert) 30 December 2011
Mrs. Havovi Kersi sethna V/s Kersi Gustad sethna, 2011(3) Civil Court Cases 356(bombay)

N.K.Assumi (Expert) 30 December 2011
Nicely explained by Nadeem, it is like tape record conversation, falling within the ambit of section 7 of the EA.