Trap
maheshkumar
(Querist) 09 September 2012
This query is : Resolved
Whether in a trap case recorded tapes can be made as a valid form of evidence before the court of law. What are the available remedies before the accused to prove that, assuming that the money received by the accused was only the money paid in the form of hand loan to the complainant before the trap.
ajay sethi
(Expert) 09 September 2012
tapes are admissible in evidence . in the case of R.M. Malkani v/s state of maharshtra AIR 1973 tape recorded conversation is held admissible if it is relevant, if the voice is identified and the accuracy of the tape recorded conversation is proved by eliminating the possibility of erasing the tape recorded conversation
.It must be mentioned that evidence is to be considered from three aspects; admissibility of evidence, recording of evidence and appreciation of evidence. It is settled law that tape recorded conversation is admissible in evidence. What must be of importance is how the tape recorded conversation is to be recorded as evidence and appreciated thereafter.
Recording can be in the cross-examination of the other side and/or in the evidence of the recorder himself. The appreciation of evidence would require consideration of the aforesaid three requirements; identification, relevancy and accuracy. It is left to the Defendant to pass those tests. If the tests are not passed, the tape recorded conversation would be of no use in effect ultimately
R.K Nanda
(Expert) 09 September 2012
Recorded tapes evidence is admissible in court but court will pass final order on the
basis of total evidence adduced and final arguments submitted by the parties in said case.
Sudhir Kumar, Advocate 
(Expert) 09 September 2012
If handing over of money is proved then it is the accused who has to prove that it was other than bribe.
Sudhir Kumar, Advocate
(Expert) 09 September 2012
open new thread at http://www.lawyersclubindia.com/experts/Tape-Conversation-Evidence-337271.asp#.UEybsq7RDWM
maheshkumar
(Querist) 10 September 2012
I'am in quite a bit in agreement with the the opening lines of Adv(Mr). Ajay Seth, but not understood the soul of para 2. As far as Adv. R K Nanda is concerned, the approach stated is totally practical, with a smallest of small chances for the accused to survive. Even though the accused has been dramatically taped the conversation.
