Audio recording is evidence or not ?


audio recording is evidence or not ? in trial in crpc 125

if yes then how should i submit that evidence in court

one cd or transcripttt or an affidavit etc


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Lawyer

audio recording is an electronic document and is admissible as an evidence, but you will have to prove its authenticity before the court of law.


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Yes,You can use under section 65(B)as a secondary evidence and in this you have no need to prove its original or not. After section 65, section 65A and 65B have been added laying down the provisions about Admissibility of electronic records.Moreover, the concept of electronic evidence fails to identify the kinds of documentary evidence namely the primary and the secondary evidence as every electronic record is an original as well as in duplicate.

However, the provisions of section 65A and 65B(THE INDIAN EVIDENCE ACT, 1872) help to overcome this complex situation.

 

 

Conditions Of Admissibility:

 

 In Pratap Singh v. State of Punjab, AIR 1964 SC 72. in the case of Ram Singh v. Col. Ram Singh, AIR 1986 SC 3, following conditions were pointed out by the Apex Court for admissibility of tape recorded conversation:

a) the voice of the speaker must be duly identified by the maker of the record or by others who recognize his voice. Where the maker has denied the voice it will require very strict proof to determine whether or not it was really the voice of the speaker.

b) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence direct or circumstantial.

c) Every possibility of tempering with or erasure of a part of a tape recorded statement must be ruled out otherwise it may render the said statement out of context and, therefore, inadmissible.

d) The statement must be relevant according to the rules of Evidence Act.

e) The recorded cassette must be carefully sealed and kept in safe or official custody.

f) The voice of the speaker should be clearly audible and not lost or distorted by other sounds or disturbance.

 


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Criminal Lawyer

Audio recording is a part of the evidence under Information and technology act 2000,sec.92 and second schedule .

It accuracy of the audio cliping will need to be proved if the opposition objects on it and will be send for test by the court concern .

Handover it to the court properly sealed and signed and supported  with the affidavit .


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Education

thanks kushan for the link..

 
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Engineer-Business-Lawyer

please give the related case laws

 
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Engineer-Business-Lawyer

ThanQ Mr. Kushan

 
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Professional

I did audio recording using my cell phone where my wife used to threat me to file false cases against me and my family. I uploaded those files on an email account long time back. Now can you please advice what kind of evidence it would be considered? Primary or secondary? Also help me understand how to submit it? 

 

I also have emails which clearly states that she wanted a divorce from me but filed 498a to settle the scores. Can you tell me how to submit emails and audio recordings in the court?

 
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