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bonafied (assistant)     14 May 2024

Are call recording admissible as evidence?

If a person constantly pesters with missed calls. Even after telling him not to call. If he threatens using phrases like "it's over", "It's not good for you" "I am not afraid". Can I use the call recording as proof at evidence stage as defense evidence if he denies of threatening. Does consent matter? All calls get recorded on my phone by default.



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 19 Replies

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

If you have not pleaded them earlier in your defense in the reply or response you may not be permitted besides you need to file an affidavit under section 65b of Indian evidence act if you insist on it.

The next remedy is that you can lodge a criminal complaint against him for creating nuisance to you on the basis of the call recordings. 

bonafied (assistant)     14 May 2024

Case is still in cross-examinination stage can I put questions on call recording and later submit them u/s 315. Should I submit the phone or I burned recordings on a DVD. Will I get my phone back? 

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

Ifs tjhis a crimional case or  a civil suit?

Are you a defendant or an accused in this case.

According to Section 315 of the Criminal Procedure Code, 1973 (CrPC), an accused can be a competent witness for the defence and like any other witness he is entitled to give evidence on oath in order to disprove the case brought against him by the prosecution.

You can file a petition under section under section 315 cr.p.c.  to permit you to mark certain documents to support your case.

During cross examination you can ask the witness about this incident of troubling your over phone and get the documents marked through the witness, if the witness denies the knowledge then you can file a separate petition to depose your evidence. 

You can produce the device and can request the court to return it after the disposal of the case.

 

bonafied (assistant)     14 May 2024

This is criminal case trail under small causes court. I am facing allegations as accused. I have SMS, WhatsApp, call recordings and photos now that phone got old and has so much lag. I transfered entire recordings, photos to a new phone as well as laptop. I was thinking of submitting the DVD and produce the old phone for verification as court might find it difficut to operate it due to lag. The meta data is dated back to 2018.

P. Venu (Advocate)     14 May 2024

In a criminal case, it is for the prosecution/complainant to prove its case. It is only in exceptiona cases that the accused examines himself as the witness.

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

The original device has to be prioduced before court if you rely upon it to produce the evidence.

The transfer of data to another device can be done and produced along with the original documents 

If she denies the evidence  during cross exmination then at the time of defence evidence you can file a petition under section 315 cr.p.c. and produce the documents or material evidence in your possession if the court allows your applciation

1 Like

bonafied (assistant)     14 May 2024

@P.Venu Yes, but complainant doesn't come to court no action u/s 350 CrPC and 174 IPC and when I say she filed false case. The magistrate arrogantly speaks and said prove it then. The PP forced me to compromise. When I show pictures of CCTV installed before PW1 house during cross the magitrate said not to show pictures and asked me to bring it up during arguments. Again the magistrate says prosecution has to prove. When I ask PW1 to adduce evidence magistarte interferes and tries to mock "She will give evidence" in scracastic way. I don't get her behaviour. I reported everything to Registrar General, High Court to conduct enquiry and prepared transfer application in writ format on the date of me submitting transfer petition the case was transferred to different court. That was a horrible experience magistrate disregared my 70(2) application, won't allow me to sit on a vacant bench during attendance, arrives 15 min late to court, marks CW1 as present without him beign present. No accountability nothing.

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

The information posted in the latest post appears to be practical issues for which without knowing the background history any opinion rendered here may be a prejudice or a misguidance.

 

bonafied (assistant)     14 May 2024

I agree, anyway I am relieved after transfer. I will submit evidence u/s 315 to disprove the allegations.

P. Venu (Advocate)     15 May 2024

You are posting more of assumptions and prejudices than material facts. If you are expecting meaningful opinion, post compelting avoiding your subjective opinions.

1 Like

bonafied (assistant)     15 May 2024

I filed a application with affidavit not assumptions. I understand you cannot comment on it without knowing all the details. I here from lawyers that in 354 what ever complainant says is final no evidence needed. Senior lawyers would say that is not the case. Anyway I belive I can disporove the fake allegation with evidence at hand.

T. Kalaiselvan, Advocate (Advocate)     15 May 2024

You are talking about the practical issues.

If you are confident that you can break her false allegations through cross examination and able to get the case dismissed then what is the problem that you are concerned about.

You may proceed as per your plan or strategy.

bonafied (assistant)     16 May 2024

Sure. Can't call it a problem but my evidence includes not just material evidence like true copies, police report, HRC order/report but also includes electronic evidence emails, photos, SMS, WhatsApp, call recordings. I get different opinions when it comes to call recordings. Some lawyers say call recording are illegal or need certificate from private labs, few say court will only get it verfied if required, submit through CD/DVD keep orginal device for verification. I don't understand why magistrate did not allow me to show pictures taken by me during cross when PW1 blantantly lied on oath.

P. Venu (Advocate)     16 May 2024

What is the case No.? Which Court?


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