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neeraj   31 March 2024

Some part of recording in mediation room

Sir we have some recording with us in which major part of recording is in reception area and some part of recording in in the mediation room, we are not able to stop or save the recording before entering in the mediation room because opposite party is with us.

So i want to know that such recording can be use as a proof in court.

Like 30 minutes recording 25 min in open area and 5 minutes recording in mediation room.



Quick Summary
This discussion explores whether a recording made partly in a reception area and partly in a mediation room can be used as evidence in court. The key issue is the admissibility of such recordings, especially when one cannot stop recording before entering the mediation room due to the presence of the opposing party. The advice suggests obtaining a certificate under Section 65B of the Indian Evidence Act for secondary evidence, while also noting that mediation proceedings themselves generally cannot be disputed using recordings.

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     31 March 2024

What kind of a recording it is?

Whether phone audio or video recording?

What is the case before court, whether the recordings in your possession will have any reliability to the ongoing case?

You can get a certificate under section 65B of Indian Evidence act to present this evidence as secondary evidence before court during trial proceedings. 

Dr. J C Vashista (Advocate )     01 April 2024

Mediation proceeding (oral, recorded or copied) cannot be relied upon by either of the party to dispute.


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