Oral admissions as to the contents of electronic records are not relevant unless the genuineness of the electronic record produced is in question. Therefore, the first prerequisite for admission of any electronic record is its genuineness.
Its genuineness is in itself based on various factors –
- Whether the evidence is relevant to the facts of the case or not.
- How it is stored.
- How long had it been since the record is kept in such electronic form and the other miscellaneous factors with respect to the genuineness of the electronic record.
Laws regarding electronic record and their admissibility are properly laid down in Section 65B of Indian Evidence Act.
These conditions are laid down in Ram Singh & Ors vs Col. Ram Singh as –
- The voice of the speaker in the recording must be duly recognized by the people who was making the recording or the voice of the speaker in the recording whose admissibility is in question must be recognized by anyone involved in the case.
- The recording in question must be authentic and this has to be proved by the person presenting the evidence through sufficient means.
- The whole conversation will have to be presented before the court. No tampering or erasing of even a microsecond is admissible. The court looks into the whole conversation as one and decides according to it only.
- The said statements must be relevant and in accordance with the facts of the case.
- The recorded device in which the voice recording is stored must be sealed and kept in safe custody.
- Voice should be clear and without any disturbance.