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(Guest)

Is call recording accepted as legitimate evidence?

Can call recordings taken via smartphone be produced as a valid and legitimate evidence in court, to straighten out the false allegations made in a matrimonial suit? These call recordings are taken without the consent of the other participant.

 

In some movies we do see call recordings being accepted as valid evidence in court, whereas in the internet I see it is illegal under Indian Telegraphic Act and the opposing party is legible to file a legal suit against it.

 



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 7 Replies

fighter (Software professional)     22 June 2015

one can record the own conversation wit other.If some body(third party) recording the conversation of two persons,it is illegal in law.


(Guest)

No third party is involved here. The mobile conversation was unilaterally recorded via the Call Recorder app of a smartphone by one participant without obtaining the consent of the other participant. Are you sure the non-consenting other party won't be able to sue the former under Indian Telegraph Rules or Information Technology Act or any other version of law? And the recording will be accepted as a legitimate evidence under Evidence Act?

 

It is a matrimonial suit where the non-consenting participant's conversation over the phone establishes the fact that the allegations in the petition are false.

Abhishek (Cheif Attorney)     23 June 2015

Read sec 66 of indian evidence act

Adv. Chandrasekhar (Advocate)     23 June 2015

The problem is not what you guess.  The difficulty is to prove his voice and if he refuses his voice, then you have to prove his voice as stipulated in law and to refer that matter to forensic lab. is totally in discretion of the trial court.


(Guest)
Originally posted by : Abhishek
Read sec 66 of indian evidence act

 

The said section of Indian Evidence Act doesn't clearly answer my query.

fighter (Software professional)     24 June 2015

yes it is usable....go ahead..may judgement on voice recordings.just search on indian kanoon....

Arjun   12 April 2017

You need to submit a petition under 65b of evidence act to accept it as a evidence. Also you can submit the transcripttion of that telephonic conversation.which needs to be certified by a authentic person.


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