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498_final stage (Professional)     03 March 2015

Usb drive/cell phone audio - evidence - divorce

Audio Recordings to be presented in the court using USB drive. Is it acceptable?

Can I use my cellphone and play it loudly or give earphone to the Judge??

Kindly advice, how court accepts evidences in Lower Court.






 10 Replies

roshuv (Manager)     03 March 2015

Please Read the Evidence Act 65 A & B.  It is a Special Act.

Simply u cannot. You need certificates from the service provider.

Please consult experts. It comes Under Cyber Crime.

Best Of Luck.

498_final stage (Professional)     03 March 2015

Hi Roshuv,

The Audio recording was done using my phone recording. So its like using an tape recorder on your cell phone.

The voices are very clear as I have already presented/tested this audio to the police.

The content is very strong where both me and that lady are calling each other's names

So I have no doubt over authenticity. If they want to challenge it then they are very much welcome to do that.

I am going to use USB to submit it so that a copy can be given to the opposite party as well.







1 Like

Fight Back (Analyst)     04 March 2015

Check this out, they might help you. 

1 Like

498_final stage (Professional)     04 March 2015

Hi... thanks I am aware of it. But my question is different.

Fight Back (Analyst)     04 March 2015

I think yes, you can play the audio. But she may always deny that its her voice or you have created a fake one. If there is any sensitive discussion in that you can always request for Incamera proceedings (i.e. no general public will be there in the court hall)

Hope this helps. Usually it may be better to present it during cross examination.

CompelledToLearnLaw (Financial Examiner)     05 March 2015

Brother LegalAbuse_Fighter, why don’t u research previous posts before asking? Not just here, research throughout the whole web. Always educate urself so u can ask an educated question like, “before giving their voice sample, what remedy do I have if my inlaws change their voice by undergoing a simple surgery on the larynx?”


Also, just like u r too lazy to research the subject on ur own, even though the subject is of extreme importance to u, people who will answer ur query r no less lazy. Some members here talk less of law and more of philosophy.


The recorded files, which r in the original and on the original media, r admissible. Further, it is considered as primary evidence today. So keep that mobile phone safe. Research on ur own how to submit this evidence as the opposing party will most likely try to refute it: u’ll have to pray to the judge to make the other party provide their voice sample; also the recording will have to be verified in the lab that it has not been altered.


Please research more into the subject. The laws and rules, that apply to ur cases, u should know them better than ur lawyer and better than anyone here in this forum because it’s ur neck in the end. Research: take some time off work if u have to.

498_final stage (Professional)     05 March 2015

Compelled to learn law.....thanks for the kind words.

I have been reading and studying law and indeed know it better than my own lawyers. In electronic evidences there is no concept of primary and secondary evidence.

In my case I did record it on my blackberry which is not of any use. I transferred those to my laptop and then copied it to the USB to submit it to the court.

1) All copies are considered as original

2) If they deny then you can easily find out what was the time of recording.

3) Then to prove if these people are the same (ie me and my wife), if needed a report from the telecom company can be ordered which would prove the mobile location on that day. You can easily match the location of those people

3.1 - VOICE MATCH > The content is extremely strong in the recordings. I did let the police this recording in the mahila thana and she could match the voice of the girl.

I have spoken to truthlabs and they suggested me to submit them as is in the court. Court would direct/give it to their lab and report will come.

The truth can not be so easily beaten sir.

But I respect what you are talking about

1 Like

roshuv (Manager)     27 March 2015

Best Of Luck Bro... hope u'll win.

But I've heard/read that voice sample is required to match that to be directed by court.

I too have recordings in mobile and put the same in a USB, but stage has not come yet.    :)

498_final stage (Professional)     27 March 2015


If it requires testing then I have no problem with it. However, there are number of things which would easily indicate its authenticity

1) On the same day where that lady was??? It can be proved that she was in Gurgaon that day.

2) The content of the recording is very clear. So no one will dare to deny it. If they do, then they will be in deep trouble later.

3) I saw a movie where police could track your cell phone tower signal to your mobile. Now in my case since its a recording of husband and wife, then both the cell numbers should be getting the signals from the same tower (in my case the service provider of cell phone is same)

4) Ofcourse voice sample testing will be done.

How did you do the recording and where is your case at the moment?



roshuv (Manager)     29 March 2015

Recorded in LG mobile. Kept it safe in USB. Lawyer says if required then present in court.

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