i strongly disagree with JSDN.
evenif a file is sent to computer, it remains intact on the original media.
the file sent to computer & copied to CD is treated as secondary evidence.
Shantanu Wavhal (Worker) 13 May 2012
i strongly disagree with JSDN.
evenif a file is sent to computer, it remains intact on the original media.
the file sent to computer & copied to CD is treated as secondary evidence.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 13 May 2012
Tejal (house wife) 13 May 2012
Now I m confused.
I have a cellphone with a recording functions. but it is have only limited memory , & doesnt have a function to add memory card. So all the time i recorded the talks on the same phone.
& thn i transfered that recording via bluetooth in other cellphon which having memory card & not having recording functions.& deleted the recordings from the first phon to make enough memory to record more.
so i have recording in my second phone & in my PC.
There are 11 recordinga about 2-3 hours of talks. & having strong proofs in them.
will i be able to use them or not.
Guest (Guest) 13 May 2012
@ Tejal
In your case original recording in the cell phone is 'Primary Evidence', and its copy which has been transferred through bluetooth to the other cellphone as well as PC is 'Secondary Evidence'.
Before 'Secondary Evidence' can be led and proved, the 'Primary Evidence', and its loss is to be proved. You must show how you procured the copy of the recorded conversation.
Hence, with the deletion of the recorded conversation from the cellphone on which it was originally recorded, the primary evidence is lost. Therefore, the recordings are of no avail to you.
Tejal (house wife) 13 May 2012
So, Cant i give the reason to delete the recordings in my primary evidence is memory status of the phone function cause of no function of the expendable memory.
There can be many more issue of lost of the primary evidence. " Like damage of the memory card but the recordings are in secondery device,, the device ( like recorder pen ) was given by some one else so device had been given back to the owner but still it is available in secondery device.
& if we use secondery device so cant we proof it is true by the forensic leb testing?
Avnish Kaur (Consultant) 13 May 2012
dont tell this all to other party , transfer all back to ur original device and each file date and time shud be same as on recording date and time , this u can do by changing time of pc in BIOS.
remove abttery of recording phone , if possible buy one extra original battery of this phone , remove batteries from phone and keep it safe in a bank locker. even recoding device has a value.
Avnish Kaur (Consultant) 13 May 2012
another less recommended option is to put these files as cd in court, let other poarty put objections. they will not necessarily deny or ask for recoding device etc. meanwhile get a police report for loss of this recoding phone at earliest to justify your showing why u submitted secondary evidence only if u are asked for it.
meanwhile get it transcribed.
Tejal (house wife) 13 May 2012
Thanks Mr. Avnish.
Ranee....... (NA) 15 May 2012
informative thread.Thanks Avnish