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(Guest)

Precaution to be taken while admitting tape recorded evidenc

 

Precaution to be taken while admitting Tape recorded Evidence

 

As regards the evidence recorded on a tape Recorder or other mechanicalprocess the preponderance of authorities is in favour of the admissibility of the statements subject to certain safeguards viz., (1) the voice of the speaker must be identified by the maker of the record or by others who recognise his voice. Where the voice is denied by the maker it will require very strict proof to determine whether or not it was really the voice of the speaker. [414 E] (2) The voice of the speaker should be audible and not distorted by other sounds or disturbances. [414 E] 401
(3) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence.[414 F]
(4) Every possibility of tampering with or erasure of a part of the tape recorded statement must be ruled out; [414 G]
(5) The statement must be relevant according to the rules of evidence and [414 H]
(6) The recorded cassette must be carefully sealed and kept in safe custody. [415 A]
R. v. Maqsud Ali [1975] 2 All E.R. 464 and B. v. Robson [1972] 2 All E.R. 699, referred to.
In the instant case, the voices recorded at a number of places are not very clear and there is noise while the statements were being recorded by the Deputy Commissioner. A good part of the statement recorded on the cassette has been denied not only by t


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 2 Replies


(Guest)

Hi Beni, Indeed an informative post...I have made a number of recording (let say10) in my original device but mistakenly I deleted few (let say 3) of the recordings  with others (7 recordings) untouched.

So can you please specify that remaining 7 recordings which are untouched are producable or not?

Thnx...

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     30 December 2012

nice information


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