Is Telephonic recording by banks maintainable in courts ?

Guest (Querist) 02 July 2010 This query is : Resolved
On credibility bases banks disburse personal loans etc. just on getting a telephonic confirmation of the customers,of course they are recoding this conversation,but I wonder whether these audio recordings are admissible/maintainable in the law of court or not,if challenged are such recordings sent to the forensic departments and is the forensic science capable enough to decide whose voice is in the recording ?

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Kiran Kumar (Expert) 02 July 2010
electronic documents are admissible in evidence....however like other documents, electronic documents are also subject to proof as per the law contained in Evidence Act.

Parthasarathi Loganathan (Expert) 02 July 2010
Telephonic conversations acknowledging debts are yet to be established as a valid evidence in our Indian courts unlike in western countries. Even opening of a reminder mail sent by banks construe as acknowledgement of debts

Daksh (Expert) 02 July 2010
Ms.Madhu,

The answer is affirmative and this practice is in operation as per the NSE/BSE guidelines in the Securities business as well.

Best Regards

Daksh

B K Raghavendra Rao (Expert) 02 July 2010
Audio recordings are admissible in courts as a piece of evidence. However, it is subject to the tests of tape being original and the voice being established as that of the person claimed to have spoken.

DEFENSE ADVOCATE.-firmaction@g (Expert) 03 July 2010
This has to be supported by other circumstantial evidence.

Chanchal Nag Chowdhury (Expert) 03 July 2010
I agree with the opinions already given. The recordings are subject to other proofs e.g. Disbursal of loan, refunds made etc.

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