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Rohit Sharma   28 November 2023

Is an audio recording accepted as evidence in ni act

I would like to know if a recorded phone call would be treated as evidence in an NI act case.

It is the only evidence I have to prove that the complainant is lying and has fabricated the NI act case against me.

Please suggest 



Learning

 5 Replies

P. Venu (Advocate)     28 November 2023

Had you brought out this aspect in the reply to the statutory Notice?

Moreover, the query is short of material facts. Please post complete facts,

T. Kalaiselvan, Advocate (Advocate)     29 November 2023

If the accused had denied the allegations leveled by the complainant in his legal notice, then as part of his rebuttal evidence, the accused can produce the audio recording as secondary evidence by producing a certificate under section 65B of the Indian evidence act by attaching the said evidence during defence witness in the trial proceedings. 

Dr. J C Vashista (Advocate and Legal Consultant)     29 November 2023

Yes, such recording can be produced in your defence u/s 315 CrPC. with a certificate u/s 65B IEA through your lawyer.

Rohit Sharma   30 November 2023

Sir,

Where should I apply for a sec 65B certificate. Could you please advice me on the procedure. 

Appreciate your help. 

Sanskriti Tiwari   30 November 2023

In India, the admissibility of recorded phone calls in a Negotiable Instruments (NI) Act case is governed primarily by Section 65B(4) of the Indian Evidence Act, 1872, along with relevant case laws and provisions. This section mandates the requirement of a Section 65B certificate, affirming the authenticity of electronic evidence, including recorded phone calls, for its admissibility in court.

Additionally, the Information Technology Act, 2000, specifically Section 2(1)(t), defines "electronic record" broadly, encompassing various forms of electronic evidence, such as recorded phone conversations.

The case of Anvar P.V. vs. P.K. Basheer (2014) laid down the necessity of a Section 65B certificate for electronic evidence's admissibility, emphasizing compliance with legal standards for authenticity and procedural requirements.

Furthermore, the case of State (NCT of Delhi) vs. Navjot Sandhu alias Afsan Guru (2005) reinforced the admissibility of electronic evidence in court, emphasizing relevance and authenticity as crucial factors for its acceptance. 

However, in practice, the admissibility of recorded phone calls can face challenges if proper procedures for their recording and preservation aren't followed. Courts might consider factors like authenticity, relevance, and whether the recording was tampered with or edited.

The person responsible for providing the Section 65B certificate is typically an individual in a position of authority within the entity responsible for the recording device used. This could be an officer of a telecom service provider, a government agency, or another relevant authority.

The procedure to obtain a Section 65B certificate involves presenting the recorded phone call along with the device used for recording (if applicable) to the certifying authority. The authority then issues a certificate affirming the authenticity of the recording and compliance with legal standards.

It's crucial to ensure that the recording process adhered to legal standards, maintaining the integrity of the evidence. Any tampering or alterations to the recording can jeopardize its admissibility in court.

However, it's important to note that the mere existence of a Section 65B certificate doesn't guarantee automatic admission of the evidence. The court will still evaluate its relevance, authenticity, and adherence to legal procedures before considering it as admissible evidence.

While these legal provisions and precedents support the admissibility of recorded phone calls as evidence, it's crucial to ensure compliance with legal standards, including authenticity, relevance, and procedural adherence. Consulting a lawyer specializing in NI Act cases and electronic evidence laws is essential. They can guide through obtaining a Section 65B certificate and assess the admissibility of the recorded phone call based on your case's specific circumstances and available evidence.


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