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Karan Sharma   26 September 2015

Audio recording evidence for 498a?

Can experts on the portal confirm if the audio recording (through a mobile phone) is a valid evidence in th court of law for cases like 498a? My friend's wife has submitted an audio recording in the court which has allegations imposed on my friend. What is court's call if this recording is rejected in court by my friend? Is that sent to forensic labs for verification? How much time it takes for verification?


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 7 Replies

jack the ripper   26 September 2015

As per sec 65A of the Indian evidence Act electronic records may be proved according to provisions of sec 65B . audio recording is electronic record-sec 2(1)(t) of information technology Act 2000 basically what is needed is that the voice should be identified by the maker of that electronic record or by others who recognize that voice, the maker has to produce sufficient proof as to the genuinity and accuracy of the record, the voice recording should be clearly audible and not distorted by other background voices. Usually only Audio records inspiring confidence and duly corroborated by other records are admitted by the court the above qualifications of admissibility of audio records were mentioned by the SC in Ram Singh v. Col. Ram Singh, 1986,(https://indiankanoon.org/doc/22898/)

victimoffraud   27 September 2015

How to prove genuiness and accuracy of the record?

SAINATH DEVALLA (LEGAL CONSULTANT)     27 September 2015

Audio & Video recordings,whatsapp messages and emails shall be admitted by the court only after thorough verification and analysis.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     27 September 2015

Yes but the level of scrutiny is usually high. Also CFSL corroboration might be required

Sarmmarmbb (goi)     05 October 2015

But, in a civil case (divorce) if the audio recording is admitted as genuine by the speakers therein, still would it be required for any forensic lab investigation in the criminal case (498A)??

Please clarify Sir (Augustine Chatterjee).

Thanks n regards,

FightForCause (Businessman)     05 October 2015

Evidence once accepted need not be proved.

If its admitted by the person, then it will get marked as exhibit and used anywhere later on u/s 145 of indian Evidence Act.

Seniors can confirm though.

SAINATH DEVALLA (LEGAL CONSULTANT)     05 October 2015

If it is admitted by the persons whose voice the recording contains and the court accepts then it need not be sent to CFSL for authentication.


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