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Lawrence William (Service)     04 November 2009

Mobile Phone recording

Recently mr X was threatned by his ex employers for a criminal complain,If he leaves his present job and join the rival group..Mr X has got a audio CD of the conversation. Later mr X is booked under  420, 407, 112- B , 467 & 468. Can this audio CD be of any help for his bail or defence etc?  if yes any citation on hand please?


 13 Replies

Anish goyal (Advocate)     04 November 2009

I think this cd will be a good proof to prove that complaint is made just 4 harassment.

Meenakshi (Lawyer)     04 November 2009

 Yes Sound recording is a very good evidence but only to prove threatening and harrasment but considering the strong  charges that are framed for cheating Criminal breach of trust etc seems like the complainant have to prove all the charges and does have some kinda evidence for the same orelse Mr.x would not be simply charged unreasonably.....Has Mr.X Signed any contract for a stipulated period of time?There is onother part of the story also which u have not disclosed is mr x at fault for any offences charged for?

Anil Agrawal (Retired)     04 November 2009


I think tape recordings are not accepted as evidence yet in India. Even CDs are morphed and not free from challenge. How will you prove. Private testing is inadmissible. How will you get voice testing done by CFSL?


yes sound recording is good evidence. refer RM malkani case

Lawrence William (Service)     05 November 2009

Thanks for the advise, also please note that Mr X has been victimised only for leaving a job. Normally this can happen to any working class person in india. Because the rich and famed can anytime walk into a police station and file complain. The police under influence of money and power of the opponents succumbed to the pressure.Mr X was warned not to go ahead and join a rival group,. Or face dier consiquences. But mr X went ahead on his decision to join the rival group, under estimating the gruesome malliece intention of the previous employer. The previous employer has hand in gloves with another advt agency to frame mr X in criminal offence. Mr X  has fallen into a helpless situation till the A/B judgement comes. please advise on what should be the next step taken by Mr X? Should he leave it to god ? or fight back for justice. We all know our judiciary system as well.


Anil Agrawal (Retired)     05 November 2009

 Are you forced to believe in getting justice?

Jignesh Upadhyay (Advocate)     06 November 2009

Yes, as my opinion, audio CD can be use as a part of evidence. but before produce it as a proof  you should type that conversation and kindly duly attested that statement before the public notory and then you produce this CD before the apropriate authority.


Anil Agrawal (Retired)     06 November 2009

 So be it.

Lawrence William (Service)     06 November 2009


can u pl specify sir...?/


Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     06 November 2009

U r advertising Angeli or want to know answer?

Anyhow your tape is acceptable. Good luck and advertise other people also in good manner and for help.


Sanjeev Kuchhal (Publishers)     06 November 2009

Rules are framed by Bombay High Court under Article 227 of the Constitution of India viz. "Rules for Production, Use and Recording of the Tape Recorded Evidence" which came into force with effect from 1st August 1978.

Rule No.3 provides that the party producing a tape-record as evidence shall produce the transcript along with the tape-record. Rule 7 provides that the notice of production of tape together with the transcript shall be served on the other side through the Court.

Alapati Prasad (Engineer-Business-Lawyer)     26 October 2011

Sanjeev Kuchhal,

Pl give the details of Rules framed by Bombay High Court " Rules for Production, Use and Recording of the Tape Recorded Evidence.

Alapati Prasad (Engineer-Business-Lawyer)     26 October 2011

Deepak Mehta,

Pl give the case law no. of R.M. Malkani's case.

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