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Victim of Greed (Worker)     24 June 2013

Can audio recording be considered as evidence in the court ?

Hello,

Can audio recording be considered as evidence in the court ? There are some things which she had agreed in her telephonic conversation with me and now she is denying in the court.

Kindly advice me.

Many thanks in advance !!!!



Learning

 21 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 June 2013

Audio is admissible in evidence.

2 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 June 2013

Admissible, if kept on the original media.

 

Better make transcriptt of the same.

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Rajeev Kumar (Lawyer/Advocate)     24 June 2013

Admissible, if kept on original mode not dubbed or with changes.

Advocate Abhijeet singh (ADVOCATE)     25 June 2013

it is prime evidence if it is original

Adv k . mahesh (advocate)     25 June 2013

some times the audio evidence is accepted and some times it is not accepted but if you can prove the right conversation why you want to produce and how much it is useful for your case and being a very important evidence and your lawyer has to project it with ease before the judge is the main point to be and if require you can take some judgement through inida kanoon and use 

Rahul (Engineer)     27 June 2013

Hello Shonee Sir,

Is there any Transcriptt Format available for filing in the court regarding Audio or Video recordings. 

Initially i had supplied the video recording CD only in HMA (Divorce) case at Evidence Stage.as a proof of 1 incident

but Judge asked me to file the transcriptt of the video recording along with CD.

Also is it mandatory to file the transcriptt ?

Please guide. 

Thanks ,

Rahul


(Guest)

@Rahul,

 

Transcriptt is required for the reason of inspection. Video and Audio recordings are to verified against the transcriptt to evaluate all the circumstances and truth derivable.

 

In the famous case of Kasab,the transcriptt of the recordings by CCTV was submitted and same was reported in the Final Order.You may access the details of the case from Apex Court website.

 

Further{Only if a genunine need arises thereof}

 

 

 

Note-This reply should be taken as per the declaration given in my profile page.

 

 

Thanks,

Regards,

Rakesh Prashasr (CEO)     02 July 2013

Dear Members,

what does it means "admisible  if kept on the original media?"

1. does it means that if the recording is kept in the same device?

2. if one person has copied and saved it in other safe place (not ultered ant media) will it be admissible ?

 

Regards

Rakesh Prashasr (CEO)     02 July 2013

Dear Members,

what does it means "admisible  if kept on the original media?"

1. does it means that if the recording is kept in the same device?

2. if one person has copied and saved it in other safe place (not ultered ant media) will it be admissible ?

 

Regards

Anil (salesman)     15 July 2013

what about if it is produced in copy any answer please

Victim of Greed (Worker)     16 July 2013

Hello Anil,

You are bound to keep copies of audio file which is to be produced as core evidence. Like for eg., you have recorded a conversation from your mobile phone and you have made a backup of the conversation on your PC or any storage media, even then it is considered as genuine. BUT if you tamper or make any modifications using any application then it will be rejected in the court.

You can check by yourself by copying the audio file onto your pc and then right click on the file .. then click on "properties". You will get 3 parameters at the bottom. They are date created, date modified and date accessed. Always remember, date created and date modified SHOULD show the same date and time whereas date accessed can be any recent date and time.. Date accessed is the date and time whenever you open the audio file .

Note : If date modified is different from date created, then it is said to be tampered.

Victim of Greed (Worker)     16 July 2013

Also would like to tell you, under any circumstances, DO NOT try to remane the audio file. If you do so then it will be create an entry in date modified.

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Rakesh Kumar (Prop)     16 July 2013

I am also submitting Audio recordings for my divorce case of more than 80 hours. If i do not submit transcriptts, is there any scope of delay or error by Govt forensic people. Also if any chance of mischief / taking benefit by other councel.

Rgds

RAKESH


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