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Venkey   13 December 2016

Electronic recordings

Hello experts my name is Venkey and I want to know that if a phone call recording is transferred from one storage device to another tan does it become tampared data and cannot be used as evidence in the court of Law....The reason i am asking for this because me and my wife never got along fine from the day of marriage and now my in-laws are threatening to kill me and my father for the sake of property... how can i keep these phone conversations secure....as wish to use the same evidence for divorce case


 8 Replies

Kumar Doab (FIN)     13 December 2016

Transfer them into CD.

Court can ask for original device.

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 December 2016

In a significant ruling, the Supreme Court has allowed compact discs (CDs) to be treated as a document under the law and said that litigants should be allowed to prove or disprove such electronic proof in judicial proceedings.

Venkey   14 December 2016

But it often said by local men’s rights association's and many others that when the file is transferred court will consider it to be tampered or made-up evidence is that true.......Because this all the evidence i have to prove how cruely me and my father have been treated.....It really will easy my mind if one of the experts here could quote an example of such evidence being considered by the court...The reason is because people have were strongly argued that when a evidence is submitted to court shall go to the forensic labs to test its genuinity because these are call recordings and not video to prove it is the same person threatening or committing any other misdeed’s.

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     14 December 2016

Every evidence is accepted unless it is disputed, so KEEP all recordings on Original device which is I believe Memory card, and you can submit CD (as Secondry Evidence) court will call it/ask for original.

Also make transpcript of Audio Recording.

Kumar Doab (FIN)     14 December 2016

Instead of asking here and there and believing generic information, better entrust to your very able counsel.

whatnot   14 December 2016

Someone taking pi$$ in the air.

The way to submit CD as Secondary evidence would be to get the recored message transcriptted with time stamp and submit along with CD and copy of bill showing the number and call duration.

The question that would need to be put across is to would the opposing party deny the contents in the first place? Is it their voice which is in CD as evidence?

They have deny the call and its contents first before they claim the veracity of CD presence or tampering CD.

If right questions are loaded, there will be implicit acceptance of contents. Once that is done, CD itself will be accpeted.

Content is your friend. But remember it is third part threating and not your wife. Unless her voice also is in the call. Then she is colluding with criminals. Hence cruelty.

 

 

Kumar Doab (FIN)     14 December 2016

If the threat to kill is made then you may succeed to put your feet on the tail.

 

Still it is reiterated that: "Instead of asking here and there and believing generic information, better entrust to your very able counsel."

matt   14 December 2016

Well i think court will press you to show original device. well i have a plan.you can contact some NGOs fighting for men rights.like SIF(save indian families) .they better knows how to deal in this case. i know one of them name kapil mohan.Call on 9415086153 to talk him.he will give you better advice. checkout more on

assignmentmasters-review.blogspot.co.uk

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