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Rakesh Kumar   10 October 2017

Smartphone recordings admissibility in a criminal case trial

Please let me know what steps should I take so that electronic voice recordings on a smartphone and copies of the same on a Micro SD card remain admissible to the court during a criminal case trial?

(1) Precisely what should I do with those electronic files and their copies on Micro SD card to render them as admissible evidence / confession of guilt in the court and or Police Department? Also, what to do if the trial opens, say 8 or 9 years , down the road ?

(2) Should I send copies of those recordings to any Forensic Science Laboratory – if yes, which laboratories are recognized by Indian trial and high courts? And what should I ask those laboratory to certify specifically about copies of those electronic voice recordings?

(3) In case of secondary evidence, that is, copies of voice recordings on smartphone, from where do I get “….certificate in terms of Section 65B...” ( LINK: https://www.livelaw.in/thoughts-admissibility-electronic-records-light-anvar-p-v-vs-p-k-basheer/

)

And what is the requirement and a sample of certificate for Section 65B ?

Thank you very much !!!



 3 Replies


(Guest)

Yes. Please consult Section 65B of the Indian Evidence Act. Your answer lies there.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 October 2017

The Supreme Court in Harpal Singh @ Chhota Vs. State Of Punjab, has reiterated that any electronic record in the form of secondary evidence cannot be admitted in evidence unless a certificate under Section 65B (4) of the Evidence Act is produced....

 

Rakesh Kumar   10 October 2017

What if we have the original Smartphone ( where the recording was done for the very first time by an app), albeit, in damaged condition -- will it be admissible ? How do we preserve this evidence and ensure that it remains admissible in courts , say 8 or 9 years down the road from now on ? How is the certificate under section 65 (B) obtained ? will it be necessary even in the case when we produce the original recording in the original smartphone on which it was recorded the very first time ?
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