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PRAKASHCHANDRA MARU (lawyer)     03 October 2009

telephone recording

hello all learned friend

what is the evidentary value of the mobile recording if such type of recording produced in the court how court will consider can court  call for the expert evidence of the recording pls inform regards



 15 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 October 2009

In a recent case in Haryana, a local court called an expert in such matter and evidence was considered accordingly,however, any citation is not available.

Prakash Yedhula (Lawyer)     03 October 2009

It can be taken as a Corroboratory evidence. 

Arvind Singh Chauhan (advocate)     03 October 2009

I think it has same evidentiary value like other evidences, unless it is rebutted or challanged by opposit party, that voice in this recording is not related to him. Otherwise opposit party may request to court for forensic report  to confirm that whether voices are related to parties or it is edited / tampered .

k.kumar raja (advocate)     04 October 2009

mr.arvind is correct

L (service)     05 October 2009

in a typical extrotion case the victim had a tele talk recording in which it was threatened by the accused that give me 10 lacs or else i will implicate in criminal cases of dowry etc.., the victim later gave complaints in the police but it was not paid any heed by them, finally the victim was booked in a false dowry case by the accused....on this the victim apppraoched court & filed extortion case.... evidence filed was that tele call recording.......

in such cases, the tele call is the direct recording, how can it be corrobroative, such recording is more relaible than indiviudal witnesses who can turn up at any point....

any opinions please.....expert opionions

 

Priya (PM)     13 April 2010

How to reach you...I am entering a similar issue....sister in law and her parents asking for 60L else they will make us go to jail..Please advice


(Guest)

once parties are in a dispute of matrimony after separation they start accusing each other of nonsense allegations.

in such cases communication between husband & wife in form of letters is a very important unbiased evidence. this was judgement by SC in 80s. in fact these communication is more reliable evidence than oral evidence as that is biased. times have changed now anybody hardly writes a letter to  wife . so smses and phone records have taken place of thse letters. if supported by oral evidence this corroborative evidence can be a very strong factor in a case.

Victim_Kol (Middle Executive)     11 May 2010

In my case, just after 6 months of marriage, my FIL called up my sister, and informed her that I am physically unfit to produce child. And he has come to know this fact from my wife and my MIL. He also told my sister that I need to go to a doctor for treatment.

I have the recorded mobile conversation of this. Can I produce it in the court during the 498a trial as evidence that my in-laws alwyas created problem right after the marriage.

I have got some other conversations of me with my wife's cousine sister, where she says that she knows that I am not guilty, and its her sister who is causing the nuisances.

Aashish Satpute. (student)     29 August 2011

Recording of voice sample-need a specific provision_ sec.45 of evidence act mks evdnce of an exprt upon a point of law or of science or art or as to identity of handwriting or fingr impression admissible.but evedence of an exprt on comparison of voice sample with disputed one has not been made admissible undr any provision of evidence act.Vinod vs. State 1981 Cri Lj927pustimargiya vs. A.D.J.,rajsamanand,AIR 2009 raj.9

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 August 2011

It is fully valid evidence, there are many citations also available on this issue.

 

The only rider is that the recording has to be maintained on original media.

 

The Hon'ble HC of P&H has also opined, that how you obtain such evidence is immaterial, as long as the voice is distinguishable and so on. The other party can always ask for forensic evaluation of such recording. Delhi HC had also given similar judgement regarding digital evidence of video.

G.Nagarajeshwar Rao (Advocate)     30 August 2011

Dear friends! I am having a doubt, that the copy which is downloaded from internet, is it admissible as evidence and can it be marked as exhibit?

jaswinder (computer professional)     31 August 2011

Once I have heard in Indian Film "Phone Voice Recording is a crime as per indian law"
 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 September 2011

Jaswinder,

 

You are wrong, there is no such law. The law relates to illegal phone tapping, that is by putting a dongle between a phone line or by some other means.

 

You are free to record whatever you talk with anyone else.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Female Activist (housewife)     03 September 2011

it should be illegal without the consent of other party as is in usa


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