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shiv arya (Group b)     20 July 2010

Recording of Voice as evidence

      I may pl be guide  If ,  I have recorded (in my mobile) voice of a  responsible person of  reputed Big  School  demanding Rs.50000/- from me  as  illegal donation  and denying admission to my child if I fail to pay this illegal amount  --   Can this recording be  taken as  valid evidence against  school .

 

   Is this illegal/break of law  on my part to record voice of a person ( even it is in public interests  against corruption )  without his knowledge?

 

Pl guide me



Learning

 4 Replies

Bobby Mani T (Lawyer)     20 July 2010

There is no illegality in recording a conversation.  You can produce it in evidence also.
 

1 Like

Mugundhan (Lawyer)     20 July 2010

Voice recording can be used in evidence, but the court will take the follwing precautions:

1. The voice must be identified properly

2. Any chance of tampering must be ruled out and the recording should be kept in safe custody.

3. The Voice must be clear.

4. The conversation should be in whole, in other words a part of it should not have been erased.

5. The chances of over recording etc. should be ruled out.

6. It should be relevant.

7. A transcriptt should be produced.

8. It should be corroborated with other evidence.

If the above conditions are fullfilled, voice recording can be used as evidence.

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     20 July 2010

Dear Shiv Arya,

As per Evidence Act Evidence can be collected by illegal means.

So dont worry you can use the recording.

Regards

1 Like

aditya vadali (LAWYER)     23 July 2010

Mr. Mugundhan is right, it should be properly audable & you should attest taht with ur affadavit.

1 Like

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