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G V RAO (SR MANAGER)     21 December 2009

Digital voice recording as evidence

Family court given a order on child visitation to me. But my wife is not allowing me to access my daughter. She also filed writt to quash the lower court order on child visitation.

I have a strong evidence against my wife who abuses me and my parents with vulgar words and beating my daugher to use the same vulgar words to abuse me and my parents.

Can i use such voice recordings in high court and based on this evidence , can i ask full child custody. This recording will also help me to show her creluty and poisoning the minor child mind.

Kindly advice

 

 



Learning

 4 Replies

Sanjay chv (-)     21 December 2009

no weightage of such recording in family matters. Electronic media is having very less value in proving the facts especially in family case.

Meenakshi (Lawyer)     21 December 2009

AUdio recording can not be considered as evidence unless iit is substantiated by deposition of witness before the court........Bu you can use it to support your case...in such cases the court has to face the admissibility nature and evidentary value of the soun recording.

only Audio recording is not regarded as evidence in the court as dear in year 1964 the Supreme Court gave ruling in the Kairon case that tapes cannot be accepted as primary evidence. however audio tapes which includes video of the same and the authenticity is proved by scientific examination can be regarded as evidence this is in the accordance of the Verma Commission inquiring into Rajiv Gandhi's assassination the videotapes of cameraman Haribabu were regarded as evidence in same case as the authenticity was proved .

In India, the earliest case in which issue of admissibility of tape-recorded conversation came for consideration is Rupchand v. Mahabir Prasad, AIR 1956 Punjab 173. The court in this case though declined to treat tape-recorded conversation as writing within the meaning of section 3 (65) of the General Clauses Act but allowed the same to be used under section 155(3) of the Evidence Act as previous statement to shake the credit of witness. The Court held there is no rule of evidence, which prevents a party, who is endeavoring to shake the credit of a witness by use of former inconsistent statement, from deposing that while he was engaged in.

 

Mohit Attri (lawyer)     02 February 2010

read section 4 of information technology act.mobile recording is admissible in court

1 Like

Manjunatha Prasad.S (OTHERS)     22 August 2012

Dear Sir,

Yes Mr. Mohith Attri u r right, let them upgrade your knowledge.

1 Like

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