shiv arya (Group b) 20 July 2010
I may pl be guide If , I have recorded (in my mobile) voice of a responsible person of reputed Big School demanding Rs.50000/- from me as illegal donation and denying admission to my child if I fail to pay this illegal amount -- Can this recording be taken as valid evidence against school .
Is this illegal/break of law on my part to record voice of a person ( even it is in public interests against corruption ) without his knowledge?
Pl guide me
Bobby Mani T (Lawyer) 20 July 2010
There is no illegality in recording a conversation. You can produce it in evidence also.
Mugundhan (Lawyer) 20 July 2010
Voice recording can be used in evidence, but the court will take the follwing precautions:
1. The voice must be identified properly
2. Any chance of tampering must be ruled out and the recording should be kept in safe custody.
3. The Voice must be clear.
4. The conversation should be in whole, in other words a part of it should not have been erased.
5. The chances of over recording etc. should be ruled out.
6. It should be relevant.
7. A transcriptt should be produced.
8. It should be corroborated with other evidence.
If the above conditions are fullfilled, voice recording can be used as evidence.
SHIRISH PAWAR, 7738990900 (Advocate) 20 July 2010
Dear Shiv Arya,
As per Evidence Act Evidence can be collected by illegal means.
So dont worry you can use the recording.
Regards
aditya vadali (LAWYER) 23 July 2010
Mr. Mugundhan is right, it should be properly audable & you should attest taht with ur affadavit.
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