Civil Procedure Code (CPC)

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lucky12321 (Job)     21 April 2016

How to present mobile recording as a evidence

Hi All,

I have mobile recordings but not in orignal device as my wife having virus to check my mobile on daily basis so I have copied the call recordings folder from my mobile to hard drive and pen drive for safety purpose Just want to know that can court accept this recording those are saved in pen drive or it's useless.

Regards,

Lucky

 

 



 9 Replies


(Guest)

It is acceptable in original form, present the mobile device.  You can also present the pendrive too if mobile is not working.

1 Like

lucky12321 (Job)     21 April 2016

I don't have recordings in original form .I have already cut the recording folder from mobile and paste it in pen drive & hard drive means it's useless if recordings are not in original form?

 

Regards,

lucky


(Guest)

You are replying to your own query.  That is improper when you ask for advice.  Just present whatever u have the way it is, if court accepts it well and good, which it will in your case, but if it does not, nothing can be done.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 April 2016

The chances of acceptance by the court are bleak as it does not hold validity as per section 65/66 of Indian Evidence Act.
1 Like

JustAdvisor (IT)     21 April 2016

see if section 65B of the Evidence Act is able to help you out. Engage a counsel who has experience in IT Act to take it further.
1 Like

(Guest)
Yea you can pm me...it is admissible recording is in its original form still....for further kindly pm me

lucky12321 (Job)     26 April 2016

Thanks all for your valuable advice & suggestion..

Sudhir Kumar (Dy Director)     30 April 2016

so it is copy of copy of copy which you want to produce in court.

lucky12321 (Job)     02 May 2016

Yes, you can say.

Actually, when I recorded the conversation mobile recording folder would be created in internal memory of the mobile phone.(but due to wife nature she always checks my phone on daily basis so, I cut the mobile recordings folder from internal memory(mobile phone) and paste in Pen drive for so that i can hide about call recordings from wife and keep the recordings in safe place.

so my question here can i use this pen drive recordings in court or court can accepet this recordings in divorce cases as i read somewhere while doing googling ..mobile recordings should be in original device otherwise it's useless but when i met with lawyers they said you can use it as a evidence but you have to give affidavit under section 65(B) as per recent supreme court judgement "Anvar v. Basheer and the New (Old) Law of Electronic Evidence" and "shamsher electronic evidence" but at the same time when i met with real 498a victims they said it's usesless court would never accept this recordings as it's not in original device.

being an layman i am not able  to understand recent supreme court judgements so it would be great if someone let me know in layman term...

 

Regards

Lucky

 


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