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LoneFighter (IT)     19 August 2014

Audio recording evidence


I understand that audio recording can be provided as a evidence, i was just wondering if only a part of conversation is recorded, how can it be a complete evidence?

One can get angry and can speak what is not true also to defend himself or to make himself bad. Do court considers these statements as facts.

Also, What if some one tampers the evidence, by adding some statements to the original recording or deleting the statements from it. How do the court know that it has been tampered. 

Please reply.


 12 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 August 2014

voice recording will be sent to the experts for its genuinity. Generally forencik labs gives its report. 

LoneFighter (IT)     19 August 2014

Thanks Sir,


I guess evidence will be rejected if voice is not clear. 

LoneFighter (IT)     19 August 2014

What if some one says something in anger or any other emotion, can we use it against them without actually taking circumstances into consideration?

Or what ever is in audio recording is taken for granted and can be used against person who has spoken in it.

Dr J C Vashista (Advocate)     19 August 2014

@ Mr./Ms. LoneFighter, The query is vague and subjective, which has lot many implications involved. Accordingly it is very difficult to prove genuineness of voice of a person, therefore, avoid using audio recording in evidence.

LoneFighter (IT)     19 August 2014

Thank you Sir.

Actually the against party made my party say something which he dint mean to say and which are false, ... They are using it against him now. I was just wondering if all statements in the audio are taken for granted as it is. 

Conversation went on for more than 1.5 hrs and recording was only for 20 mts.

T. Kalaiselvan, Advocate (Advocate)     24 August 2014

You are under a wrong impression and misguidance that the audio recordings can be blindly used as evidence.  Law is not dumb or lawyers are not fools to accept anything or everything produced by one side as evidence without proving its genuineness, so discuss with  the details of the case properly if you need proper opinion.

498_final stage (Professional)     27 August 2014

Try to get it certified from https://www.truthlabs.org/

LoneFighter (IT)     28 August 2014

@KalaiSelvan Sir and Vashista Sir 

The situation is this, 

Under pressurized circumstances, the accused went to complainant's house and to make himself bad in-front of the people there, uttered the sentences below.

All i had on her was lust.

I have many girl friends 

This is such a dumb thing. he thought he would make himself bad infront of everyone so that they would stop bothering him for marriage. The pressure was because complainant was threatening him of some suicide and damaging his image outside and with his parents. He requested her parents to bring her back, since he was scared she would commit something unwanted. 

Its my humble request to everyone not to judge the accused by any of the above statements. 

Just a request: All above statements are facts. I personally know accused very well and he is my child hood friend and i have known him for 15 years. I know in and out of this guy. I was with him and we went to their house together and the intention was to make the family convince the girl to stop threatening him. But it turned bad on to him since they highlighted these in FIR and also recorded the conversation by deliberately making him say the above sentences again and again. We did not know of recording the conversation. But there was no mention of me going with him to their house. they deliberately did not state that fact. 

Query: I was just wondering if above statements make the case worse. Case recoded under 417 and 420. Above statements can make the act equivalent to rape. As usual, the promise was never made, but a story ws made out and she is stating that all promises were made orally. 

Do court understands that above two statements are made in haste and not true. Is there a way, we can ask for recording through court. The whole recording was for 25 mts, only a part of 2hour conversation that happened at their place. What credibility could be adduced to above evidence.

Apologies for being vague the other time. Plz understand. 

Dr J C Vashista (Advocate)     28 August 2014

Nothing more to add in the given circumstances, relax.

Oral recording cannot be proved/ evidenced against the accused, it may turn out to be a pressure tactics of his wife/her family/police.

Engage a local lawyer, explain the facts in detail, seek his/her opinioon/ advise and guidance for proper proceeding in your friend's own interest.  

1 Like

LoneFighter (IT)     28 August 2014

Thank you Vashista Sir. He already hired a local lawyer and trial is yet to start. I have advised him to use 313 CrPc to give his version of events. not sure if this is a good idea. 

 There surely was lot of pressure mounted on him that time. 

Thank you once again for understanding. 

Dr J C Vashista (Advocate)     29 August 2014


Stop posting such hypothetical queries please

LoneFighter (IT)     29 August 2014

Ok Sir. Ending this thread. 

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