Upgrad LLM

audio recordings


sir.... I have audio recordings of my wife... her lawyer can say u have recorded intentionally these recordings.... moreover I have recorded our conversations in recorder... can i submit them....
her lawyer will blame for collecting evidence intentionally. ..
secondly... how will i prove that its her voice
 
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Hello,

There is a dilemma regarding call recording being accepted in courts. Her lawyer cannot just say it is intentionally recorded, he has to prove that.
To prove that it's her voice, there are some rules of call recording laid down by the court.
Here is an article regarding the evidentiary value of call recording.

https://blog.ipleaders.in/voice-recording-evidence/

Regards,
Joy Bose

 
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1. if the lawyer says that you have intentionally recorded them, he is admitting the recordings,

 2. submit the recordings in the court, if relevant


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LEGAL

may be that will help you to prove something until confronted by your wife to prove that is her voice...if you have witnesses that wouild weigh in the court

 
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LAWYER

Call recordings are good proofs.   Ypu have to also submit transcripttions like howwe writedrama dialogues n give title @ Call recording dated   time between X n Z

 

 
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mam... his lawyer can say... u have intentionally collected recordings or he might say... u made her fearful and got them recorded...
 
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Advocate

You should not be scared by the threats posed by her lawyer in this regard. 

you should look for support form your lawyer on such occasions.

You can also produce the electronic form of evidence by following the procedures as laid down in the provisions of law under section 65B of Indian evidence act.

You can discuss with your lawyer on all such strategies instead of getting scared by the threats posed by the opposite lawyer, he may try to do many gimmicks to defend the interests of his client, hence you may also hang on to your advocate to confront such situations 

 
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Advocate

The provisions of section 65B(4) of Indian evidence act is given below for your perusal:

Section 65B(4) in The Indian Evidence Act, 1872
(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—
(a) identifying the electronic record containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
 
 
You may discuss with your advocate on how to implement the provisions of the said law to establish your allegations against her. 
 
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what can be the perfect answer sir according to you... please let me know...
 
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Advocate

Audio recordings are admissible as evidence if they appear to be trustworthy, genuine and have been corroborated by other evidence. Section 65A of the Indian Evidence Act, 1872 states: The contents of electronic records may be proved in accordance with the provisions of section 65B.

Section 65B refers to a process of producing a “Computer Output” of the electronic document which is the evidence to be admitted and such computer output can be either in the form of a “Print Out” or a “Copy”.

The applicability of procedural requirement under Section 65B(4) of the Evidence Act of furnishing certificate is to be applied only when such electronic evidence is produced by a person who is in a position to produce such certificate being in control of the said device and not of the opposite party

 
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