Are recorded voice call conversations a valid evidence?

Sales Executive

Now a days there are many call recording softwares/app on mobile phones where husband-wife conversation can be recorded. Does the law count these as valid evidence of whatever is expressed in the call?


Apart from family law and divorces, is it valid in other crime/property cases?

 
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Practicing Advocate since 1986

Right to Privacy is guaranteed  under Article  21 of the Constitution of India, Right to to freedom of speech and expression is guaranteed under Article 19 (1) (a) of the Constitution of India. Recording conversation will be infringement of fundamental rights guaranteed under the Constitution of India. You seek remedy under writ jurisdiction to order for C.B.I. investigation if your conversation is recorded.

 
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job

I would say yes - if the telephonic conversation is related to the crime committed then why not ? For instance I.P.C. 506 is widely used as a weapon when someone is threatened on phone - in such cases there are many complaints which are converted into court cases simply based on telephonic recording.

 

Below are such cases,

 

1]Krishnan And Anr. vs State Rep. By Inspector Of Police ... on 28 July, 2003

2]Prakash Pralhad Patil vs The State Of Maharashtra on 4 July, 2008

3]Ravinder Singh Mahindra vs Param Singh & Ors on 12 March, 2008

4]Kirit M. Bhrambhatt vs State Of Gujarat on 24 October, 2001

5]Arun Gulab Gawli vs State Of Maharashtra on 2 April, 1998

6]R.L. Jalappa vs Delhi Police Establishment on 12 May, 1988

 
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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

Every proof against petittioner and respondent is collected without his/her information ,Then why these proofs are exhibited in the court under evidence Act 1872,according to above Mr.Kolagangadhar it might be asked from CBI for each case to collect proof.If this follows then every case should be handled by CBI only.

Dear Naveen,If the case is of high profile and of national level and extreme proof is needed to conclude for the results then CBI indulges to gather such evidences and proofs,let me clear one example- you might have heard about Tata and Mrs.Radia phone conversation leaked for the bare facts which was important for that particular case.Hence,the agitation by tata went on this as why you have leaked the privacy of one's life but the court overulled this as it was prominent to listen that conversation for decising the case.


Hence,as per your query,You are very much entitled to proof your innocency to collect evidences against the complainant.If you have the automatic call recorder facility,then as a customer you are 100% entitled to use that services as offered by the cell phone company.There is no point that somebody's privacy is encountered. This goes in wrong direction if the utilizer uses this privacy to blackmail her,to defame her image etc but here your are right and she is going to defame your image and maliciously draging you in false cases,then why not you use all of them to save yourself.


regards,


Total likes : 2 times

 
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Practicing Advocate since 1986

Telephone Tapping  Read Judgement of  Supreme Court Peoples Union for Civil Liberties V. Union of India Reported: 1997 (1) SCC 301.

 
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Sales Executive

Hello and thanks for putting some light on this by your reply. I'm particularly worried about anything against me in terms of family law and divorces, not something to do with national interest. Thats why I mentioned it as 'husband-wife communication'.

Since I cannot make my wife sign a legal document saying that she agrees on some aspects within our family and some points where she has agreed to do and act with her in-laws or my relatives on phone, (recorded), that acts as a proof that she had agreed it to me before marriage itself. I hope you understand that there is no legal document saying that a wife has to do certain duties after marriage and whether she is okay staying in a joint family in future. I have her recorded conversations where she has agreed to that, but no legal document to prove that she had agreed. She might in the worst case, file a divorce (which i want to avoid) due to some reason pertaining to our family and her life after marriage (ex 5yrs down the line).

 
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Sales Executive

Hello and thanks for putting some light on this by your reply. I'm particularly worried about anything against me in terms of family law and divorces, not something to do with national interest. Thats why I mentioned it as 'husband-wife communication'.

Since I cannot make my wife sign a legal document saying that she agrees on some aspects within our family and some points where she has agreed to do and act with her in-laws or my relatives on phone, (recorded), that acts as a proof that she had agreed it to me before marriage itself. I hope you understand that there is no legal document saying that a wife has to do certain duties after marriage and whether she is okay staying in a joint family in future. I have her recorded conversations where she has agreed to that, but no legal document to prove that she had agreed. She might in the worst case, file a divorce (which i want to avoid) due to some reason pertaining to our family and her life after marriage (ex 5yrs down the line).

 
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salesman

Yes u can proceed with the phone calls in the family court as i have won the battle very recently from the high court u have to file under  section 65 B EVIDENCE ACT with call details and with transcripttion written what has been spoken as u have to submit the RAW FOOTAGE as if from mobile if ot is recorded keep it safe or any other recording material. 

 
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in the long run can win the case in court against such action, but if you use a spyware application, call recording will be virtually invisible

 
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