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jamal (business)     30 June 2009

help

what is the procedure to be followed by police during taking voice samples.

if a person is called for routine enquiry and his voice is recorded through intercom, does he needs to write and give that he has given his voice recording.

normally during ebquiry they take it in written from the person that he came for enquiry and will further cooperate in deed by and so and so...., so whether police needs to take this also in written that he has given his recording on so snd so date.....

i even want to know whether telecom companies can give us audio recorded conversations of post dated periods if complaint is filed for receiving threatening calls.

 

 



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 5 Replies

Kiran Kumar (Lawyer)     30 June 2009

hello Jamal, u can not be forced to give ur voice sample to the police, accused may deny giving such a sample, u must ve seen Varun Gandhi refused to give his voice sample. the writing they (police) get from the accused is of no value....any statement before the police is not admissible in the court (unless specific provision is made for under some special law.) as far as telecom companies are concerned generally they dont provide such information unless sought by the police authorities or the record is summoned by the court. for better knowledge of rules in this regard pls check the official website of TRAI

jamal (business)     30 June 2009

Thank you sir, but they have already taken the voice recording.... and now the point is whether they can frame a chargesheet by mayching the voice recordings......

if not from telecom companies then normal mobile recording can be matched with the vocie sample and any charges can be framed or not... how serious will be the case and what precautionery stepa can be taken

PARTHA P BORBORA (advocate)     01 July 2009

police can submit a charge sheet agaist u. it is just begiing of a trial.. but the judgement will be delivered by a Court of law after careful examination of the evidence and witnesses. so dont worry.

jamal (business)     02 July 2009

Barbora dir,

then if they file the chargesheet means they can arrest me any moment........ or only after the court declares somehing they can arrest me based on those voice recording

PARTHA P BORBORA (advocate)     03 July 2009

IF POLICE REGISTERED THE CASE UNDER A NON BAILABLE PENAL PROVISION U MAY BE ARRESTED, BUT IF IS REGISTERED UNDER A BAILABLE ONE U WILL BE RELISED ON BAIL AFTER ARREST. TELL ME THE PENAL PROVISIONS UNDER WHICH THE CASE WAS REGISTERED.


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