Pradeep (Owner) 03 June 2013

Are voice recordings considered as proof

Hi Friends,

I am not a lawyer and I have filed a complaint against a service provider whi has failed to deliver his service correctly. Hence there is deficieny in his service. Now that to prove my case, I have a voice recordings of the coversation I had with him over the phone and direct conversations. I have submitted the transacripts to the honorable consumer court last week along with the CD containing the conversations.

Now my question is, whether audio recordings are considered a valid proof under law and is specific is there any section or act under which I can file the conversations. Also if it is accepted by law, will it apply for all the courts such as Civil, high court etc?

Please help me on this.

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4 Replies

Advocate Rohit (Advocate) 03 June 2013

yes, voice conversation recording is admissible as an evidence in the court of law as per sec. 65 (a) and Sec. 65 (b) of the Indian Evidence Act.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Pradeep (Owner) 03 June 2013

Thanks Sir, does it mean that this law is also applicable and can be produced in Honorable State BAR council, since I have grivience against an advocate for his professional misconduct?

Sonia Dhamija (Advocate) 03 June 2013

Please note that, generally speaking, the provisions of the Evidence Act are not applicable "in letter" to most of the Tribunals and other quasi-judicial forums, though they are applicable "in spirit". However, usually voice recordings would generally be accepted provided you can prove their genuineness and authenticity. You may have to show that the voice recordings are not manipulated and are of the same person whose voice you claim it to be. Therefore, generally speaking, you should be in a position to use a voice recording before the Bar Council subject to its genuiness, authenticity, etc.