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
Kiran Kumar (Lawyer) 19 June 2011
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.
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.
prashant pundhir (Criminal Lawyer) 19 June 2011
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 .
498_final stage (Professional) 12 June 2013
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?
SV (NA) 18 June 2013
Sir, I recorded my estranged wife conversation of admission to false cases and electronic and print media allegations and submitted to Truth Labs which is an Independent forensic lab in Hyderabad and got it certified as True and Authentic.
Pls guide me how to file this in DVC as it is running in trail and how to make most effective in 498a trials. Also am planning to file in Divorce as well.
Our family and me will owe a lot if guided. Thank you sir !
498_final stage (Professional) 18 June 2013
This is great SV. But would courts accept it as an authentic and tested evidence? Think about it this way - If a woman can breach you and back stab when she lived with you then she would likely to challenge this evidence too.
So under what grounds it could be challenged by the courts? In which court are you facing these charges? I mean which State?
SV (NA) 18 June 2013
Gaurav (consultant) 18 June 2013
I request you to please share the procedure to get an audio authenticated from TruthLabs?
Please help me.
Nour (partner) 17 September 2013
I have given 15 lakhs Rupees to my co brother to make me a partner in his restaurant in UAE, through my wife and his wife from India. I transfered this amount through bank to people whom he suggest in India, up on condition of taking the profit after three months , the business is an existing one run by him since six years or so. after the third month he convinced me that something went wrong and he need more money, for which I told him I dont have and when asked about the profit, he said it will take two more months, after two months when I indicated him about the profit, he said business needs more fund and he is looking for other partner and my share in the restaurant is only 12%. it came to me like a shock, still when i asked him how much would that be in terms of revenue considering the previous years. for that he said 3% of return,. but that also didnot come.. so I told him I am not interested in continuing business with him and please return my money, for which he told that he needs to sell my share and only then I will get my money,.. its one year now, and there is no sign of money and he dont even picks up my call,.. meanwhile,, i recorded couple of our conversation in which he agrees that he wil return my money ... this situation has spread across my wife's family and his family, when my BIL asked him about the situation he was telling it seems that I need to wait untill the restaurant gets sold,. few months back one of his employ tried suicide by cutting his vein,, because he was not been paid and when asked for salary this fellow used to threaten him......how can I get my money back,.. is the recorded evidence will support me in the court .... can any body help me....this is my share from my family property,.. i am survived by a wife and two small kids.....