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smart jain   23 March 2020

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


 14 Replies

Joy Bose   23 March 2020


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.


Joy Bose

Advocate Suneel Moudgil (Advocate)     23 March 2020

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

1 Like

Real Soul.... (LEGAL)     23 March 2020

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

ANAMIKA VICHARE (LAWYER)     23 March 2020

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


smart jain   23 March 2020

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

T. Kalaiselvan, Advocate (Advocate)     23 March 2020

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 

T. Kalaiselvan, Advocate (Advocate)     23 March 2020

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. 

smart jain   23 March 2020

what can be the perfect answer sir according to you... please let me know...

T. Kalaiselvan, Advocate (Advocate)     23 March 2020

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

T. Kalaiselvan, Advocate (Advocate)     23 March 2020

what can be the perfect answer sir according to you... please let me know...


Her lawyer can say anything to divert or dilute the issue and even may threaten you of invading her privacy.

You should not be deterred by your determination.

Her lawyer is not an authority, court only can decide the case and  not her lawyer.

you may present your case properly and strongly before  the court and go ahead with the trial proceedings as per law and on the support of documentary evidences and merits in your side.


smart jain   23 March 2020

sir.... I myself has transcribed the audio records on paper... will i have to produce certificate

N.K.Assumi (Advocate)     24 March 2020

Yes, you are in possession and in control of elecronic evidence, and to be admissible in the court of your audio records, you hace to produce the certificate by santifying the electronic records.

smart jain   24 March 2020

sir... one thing is in my mind.... her lawyer may said that you have tortured her and created terror in her to speak like this... aur he may say that she was in depression when with you... so she said these....
she uses very abusive language in her recordings....
what should be my reply

N.K.Assumi (Advocate)     24 March 2020

Only stick to what is relevant in the case, as that is the position of law in any proceedings. A lawyer may say anything in the court to divert from the relevant issue, and you have to see that the procedings are on relevant issues only, and if the counsel brings on record any irrelevant matter in the proceedings, you object to it being irrelevant. 

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