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T.V.Pillai   05 August 2024

Telephone call recording -- is it an evidence in a court of law ?

Good morning friends

I am a senior citizen residing in Chennai.

Last year, my son (36 years old) was admitted in a wellness centre located in Delhi owing to alcohol relapse.

During his stay there, he was subjected to physical abuse.

We came to know this during a telephone conversation with my son in the presence of a wellness centre staff. When my son mentioned that he was subjected to physical abuse, the staff did not refute. The staff defended his action by blaming my son that he was bothering them owing to craving.

In the subsequent two days, my son had passed away on the way to a hospital owing to an emergency medical condition which was possibly triggered by the physical abuse.

My question is: Is a call recording admitted in a court of law as a valid evidence ?

Thank you

T.V.Pillai

 

 



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     05 August 2024

Yes you can produce the call recordings as secondary evidence by observing the procedures as prescribed in the Indian Evidence Act. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 August 2024

In India, call recordings can be admissible as evidence in court, but certain conditions must be met: 1. _Authenticity_: The recording must be authentic and not tampered with. 2. _Reliability_: The recording must be reliable and of good quality. 3. _Relevance_: The recording must be relevant to the case. 4. _Procedure_: The recording must be obtained through legal means, such as: a. _Consent_: Both parties must consent to the recording. b. _Legal intercept_: The recording must be made under legal authority, like a police investigation. 1. _Certification_: The recording must be certified by the person who made the recording, stating: a. _Date and time_ b. _Location_ c. _Identity of speakers_ d. _Device used_ 1. _Verification_: The recording must be verified by a forensic expert or a witness. The admissibility of call recordings as evidence is governed by the Indian Evidence Act, 1872, and the Information Technology Act, 2000. Courts have accepted call recordings as evidence in various cases, but the above conditions must be fulfilled. Please consult a legal expert for specific guidance on using call recordings as evidence in a court of law.

Advocate Bhartesh goyal (advocate)     05 August 2024

Yes,call/tape  recording is admissible in evidence subject to fulfillment of  requirements of Evidence Law.


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