Ritesh Sharma (Advocate) 11 May 2016

How to use call recoring in evidence

Hello....

my client want to file divorce against his wife on the ground of Adultery.

he read some objectioanble messages in her wife's mobile and came to

know that his wife is having extra marital affair.

he than purchased a new phone and got installed a software in the new

phone and gifted that phone to wife. That software automatically sends all the call recordings and

whatsapp messages to my client's phone.

he received a call recording of his wife with is boyfriend in which they are

agreeing on having s*x in detail.

now, how can I use that recording in my favor in court.?

how can I produce it as an evidence and at what stage?

plz tell me the procedure in detail...how to move court, what

application to be filed to take voice sample of wife and matching

it with the recording etc.

whatever is required..plz guide me.

Thanks

plz sir...guide me

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1 Replies

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 11 May 2016

1) If a telephonic conversation was unilaterally recorded by one of its participant without obtaining the consent of the other, it is possible that the non-consenting party/parties could claim that their right to privacy was violated.

2) the Right to Privacy has been recognised under both law and self-regulatory mechanisms including:

Tort law,
Article 21 of the Constitution of India which deals with the ‘Protection of Life and Personal Liberty’,
Depending on the technology used, the Information Technology Act — under Section 66E as well as (depending on the content of the conversations) Section 43A along with the associated 2011 Privacy Rules),
(Possibly, for women) under Section 509 of the Indian Penal Code.

3) Due to this, any surreptitious, non-consensual recording of a telephonic conversation may have implications relating to privacy.

4) Rest -- a voice recording or a call recording may now be termed as “electronic records” and their admissibility in evidence is now governed by Section 65-A and Section 65-B of the Evidence Act.