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anupam (engineer)     20 October 2011

Audio recording submission as corroborative evidence

Hi,

 

   I have a question related to submission of an audio clip in my defence as a corroborative evidence.

In this case, I have recorded the conversation of complainent by using a phone on SD card, where he is talking about the actual motive of complaint against me. The voices are audible and clear. After recording the conversation, it was transfered to a laptop and the audio clip was deleted from the phone as I needed disk space for some othere things. Now I don't have the phone which was used to record the audio with me, but the audio clip in the laptop is not tampered with in any manner. It was just a cut and paste from SD card to laptop.

Can I submit a CD of the audio clip alone or do we need to give the original hardware (phone and SD Card) also, so that it can be accepted by learned court as an evidence?

Any help in this regard is highly appreciated.

 

Regards

Anupam



Learning

 11 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

Sorry you have wasted a valuable evidence.

 

Audio should be on original media for scrutiny of the court.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 October 2011

Dear Anupam

you can submit this audio CD on record and the court decided further, it is also a valuable evidence

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 October 2011

I differ Nadeem Sir,

 

For audio evidence to be admissible:

 

1. It has to be on original media

2. The voice should be audible and distinguishable

3. There should be no tampering with the complete conversation, even if a part is admissible.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Alapati Prasad (Engineer-Business-Lawyer)     22 October 2011

Mr. Anupam,

 Nothing to worry. There exists two points to allow the CD as corroborative evidence.  Further the conversation may be considered by the court based on the circumstantial evidence. It is quite possible the original media may get damaged during course of time.  Hence submit the CD, alongwith the time frame of the conversation. Further u submit the telephone bill in which the conversation time will be recorded.  If the conversation is correct and actual one, u will win the case.

Best wishes,

Alapati Prasad.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 October 2011

Ld. Mr. Prasad,

 

Could you give some citation for the same? To my limited knowledge whatever you said is against the established laws laid down by various HC and even Apex Court for admissibility of Audio Evidence.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

shekhar (proietor)     26 October 2011

i some what agree with mr. peasad.  one can take sample of voice and match in lab. but sir, does not it against indian telphone or telegraf act.  where tapping of phone is illegal.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 October 2011

The audio might not be recorded by tapping.

 

Tapping is illegal, recording is not.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Alapati Prasad (Engineer-Business-Lawyer)     27 October 2011

Mr. Shonee Kapoor is right , tapping is illegal and recording of ur conversation is not. 

Any one, Pl let me know the rules framed by Bombay High court with regard to submission of  evidence through recording.

anupam (engineer)     28 October 2011

Thankyou everyone for your valuable suggestions....

Actually the recording was not a telephonic conversation. It was a phone used as voice recorder where the person was talking about the motive and everything else in front of me....

Can I submit the CD as secondry evidence based on section 65 of evidence act which states as follows....

 

65. Cases in which secondary evidence relating to documents may be given 
Secondary evidence may be given of the existence, condition, or contents of a documents in the following cases:-

(a) When the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved , or of any person out of reach of, or not subject to, the process of the Court or of any person legally bound to produce it, and when, after the notice mentioned in section 66, such person does not produce it;

(b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;

(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 October 2011

Please read it with decided cases on Admissibility of Audio Recordings.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com 

naveen kumar (na)     26 January 2013

Resp. sir ,

Is audio recording of  a lecture for the purpose of study only is illegal ?

if i want to record audio conversation with my lecturer in which i am also involved. But for the sake of institution sir  cannot allow it to students. I don't want to do this , because of  back to back classes with the same lecturer and the lecturer don't have time to clear doubt because hundreds of students waiting for the same lecturer.They all are making just money why i can't record conversation in which i am also involved ?

please help me to get out of this problem


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