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nikhat   06 May 2015

Is it a crime to record a phone call with spy software

is it a crime to record a phone call with spy software without consent of other party.

And can this call be used as evidence in court to proof some one guilty.



Learning

 13 Replies

mahendra limaye (Cyber Legal Consultant)     06 May 2015

It all depends on circumstances and can not be answered in YES AND NO.If you provide more details then only it would be possible to answer firmly.

T. Kalaiselvan, Advocate (Advocate)     06 May 2015

As rightly observed it depends on the crcumstances too.  In general, it is an invasion of privacy of an individual and considered as an offence as per law.

mahendra limaye (Cyber Legal Consultant)     06 May 2015

Tricky situation!!!

SAINATH DEVALLA (LEGAL CONSULTANT)     06 May 2015

U should mention the reasons for doing so, sometimes it is valid and sometimes it is a crime.

Ambadas-Unde (Service)     07 May 2015

Respected Exports :  Suppose A & B are talking on mobile.  B wants to record the conversation without knowledge of A because either A is threating or confirming the misdeed but may deny subsequently.  In such a case is it a crime to use call recorder by B without the knowledge of A and whether such a record can be produced as a legal evidence.

mahendra limaye (Cyber Legal Consultant)     07 May 2015

Its already answered that all depends upon circumstatial evidence how you present before the court.

R.G. Singh (Intern)     07 May 2015

Originally posted by : Ambadas-Unde

Respected Exports :  Suppose A & B are talking on mobile.  B wants to record the conversation without knowledge of A because either A is threating or confirming the misdeed but may deny subsequently.  In such a case is it a crime to use call recorder by B without the knowledge of A and whether such a record can be produced as a legal evidence.

In the situation given by you, if A has not categorically asked for not recording his conversation, then its permissible to record by B, but not to publish it or use it for any other purpose which may cause harm to the reputation of the person.

The admissiblity of this recording depends on where this is getting recorded, for eg. if its getting recorded on your own phone storage using a software and you submit your phone as evidence, it would be admissible and the authenticity may be needed to be proved at the time of evidence incase there is denial by the other party. Here, Call Detail Records would also be needed to ascertain the authenticity.

But incase the software is recording your converstaion at their servers, then a copy as per the requirements of IEA section 65B for secondary evidence would be needed for admission in a court of law.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     07 May 2015

Ambadas,

U have intruded into the original query,better post UR query in a new thread

T. Kalaiselvan, Advocate (Advocate)     08 May 2015

Generaly recording of the mobile phone conversation between two communicators have become a regular affair especially when the heated arguments or exchanges os spats are going on between two, however all these type of trivial issues cannot be admissible as evidence when the intention behind such recording is only to trap the other side in an unaware situation or cicumstantial situation. again it depends. 

Biswanath Roy (Advocate)     09 May 2015

It will constitute criminal offense if mens-rea exists otherwise not.

Durga Prasad (xxxx)     10 May 2015

My name is Prasad and am from bangalore. Between 2010-2013 I fought a divorce case with my first wife. For this purpose I went to a lawyer who become friend through one of my uncle( 6 months before applying the divorce).

My lawyer had  some problems with her husband from 5-6 years and she was in deep financial trouble. After taking the case she told me all these things to me. while case was running she asked me " is it possible to marry me?" For that I did not refuse. I said let us not keep anything in our mind. We dont know when our parters will agree to give us divorce. By god's grace if it happens it is well and good. Otherwise let us become frriends. Thats she agreed. I used to give money whenever she wanted it. One day she called me to satisfy her physical needs and I did that. From that time we continously did it for almost 1 year. After my divorce i asked her since you have not applied for divirce I will going to marry someother girl. She agreed and herself started to see bride for my second marriage. EVentualy I got married in sept 2013 fthat she attended and I came back to another place for work. After that I rarely contacted her and did not go to her and did not have s*x with her, Now she is threatening me to file a cheating case saying she had recorded everything happened before. She is asking me 5 lacs.

She applied to divorce in jan 2014 and got in same year.

My question;

1) As per the code of conduct  is is ethical to have relationship with clients? can it it be punishable?

2) After two years of marriage how she can claim that it is cheating as she attended my marriage?

3) How s*x with consent can be taken as cheating? that too after 2 years.

4) Do I need to take anticipatory bail in case if she files a police complaint.

 

Thanks

Prasad

Biswanath Roy (Advocate)     10 May 2015

Consult a local prudent lawyer practicing in Criminal Court and file a case against her complaining criminal intimidation for extortion of money.

SAINATH DEVALLA (LEGAL CONSULTANT)     10 May 2015

Mr.Prasad, don't trespass into this query,U have to post it in a differrent thread for any kind of assistance from the experts.


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