Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mahesh Kumar (Engineer)     08 December 2013

Is mobile phone recorded voice is used as an evidence

Dear Sir/Madam, My friend is facing trial in a dowry death case. and he is in jail. He have a mobile recorded voice of the prosecution, in which they agreed that the death was Natural. Is this recording is used as evidence ?? waiting for your reply. thanking you.


Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 December 2013

yes as per section 65B of indian evidence act voice recording is admissiable as an evidence. feel free to call

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 December 2013

yes as per section 65B of indian evidence act voice recording is admissiable as an evidence. feel free to call

laxmi kant joshi (instructor)     08 December 2013

Yes , according to Indian evidence act section 65B voice recording if It is in original form can be taken as electronic proof and admissible in the court .

Sidharth Arora (EXPERT/ADVOCATE )     09 December 2013

The key word is 'in the ORIGINAL FORM'---don't miss this .I have seen many recorded CD's fail miserably in the courts

SIDHARTH ARORA 9560601768

Rajat sahotra (Partner)     09 December 2013

YOu have to give a authenticity  certificate  from a forensic lab to prove  the voice recorded 


(Guest)

Section 65B of the Indian Evidence Act deals with admissibility of electronic records. It states that, “any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be also a document, if the conditions mentioned under the section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein or which direct evidence would be admissible. Indian Evidence Act 65A, 65B prescribe certain procedure whereby mobile recording can be treated as evidence.

Under Section 65B, you have to apply to the Hon'ble Court seeking necessary directions to the mobile company to give recorded version of your conversation on that particular date and time.

That order of the Hon'ble Court has to be served on the Mobile Company. Mobile Companies have got the facility to give you recorded version of your conversation with printout and with authentication certificate.

This recorded version of conversation with printout and authentication certificate will be treated as documentary evidence without any further proof of the same. Thus ,what is required is that you obtain the original version of the conversation and the same would be admissible in Court without any further proof of the same.

 

-Regards

Advocate Pooja

www.lawkonect.com


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