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Summersail (Service)     13 May 2014

Vdo recording as evidence

My in laws have threatened me that they have a VDO recording of a quarrel in which my parents are verbally abusing my Wife.

It was a provocative quarrel where the recording was initiated by my wife once my parents were extreamy angry.

The recording was done on my property without our consent.

They have not submitted it in the court hence I am not sure about the content.

please guide me on the following:

1) Is it a legal evidence?

2) how much validity it holds in the court against DV case? can it induce 498A?

3) how to defeat such kind of evidence?

4) b***ch has used HD camera on cell phone gifted by me hence the recording quality  of the footage will be beyond any question. please advice if I can flle counter case on this evidence.


 4 Replies

nikhil singh (Advocate)     13 May 2014

Yes you counter that. First tell me that whether your wife has filed affidavit U/s sec 65 of evidence act alongwith video recording. If not then the same cannot be used as evidence. If yes then sent the video to forensic for checking whether it is genunie or not. You can always raise the question of the crediblity of the video. I am sure that your wife had not filled the affidavit   evidence act

1 Like

Summersail (Service)     14 May 2014

@Nikhil Singh

Thank you sir,

The recordings are not submitted in the Court yet. She have shown it to the SP office counsellor. I am not sure about her knnowledge regarding submission of the electronic evidence but i guess her lawyer will submit it through U/S sec 65.

I doubt that she will use it in the already filed DV case and may also go ahead for 498A.

My in laws are bully people and will try there best to increase trouble for me.

Please advice that how can I prevent the trouble.

Adv k . mahesh (advocate)     14 May 2014

as per the query yes she can submit in her dv case and it will have a severe effect in the case 

but without checking the content of the video it cannot be guessed how much it will help in the dv case or any other case 

1 Like

nikhil singh (Advocate)     14 May 2014

See generally people does not file it alongwith affidavit u/s 65 of Evidence act but if they file it with affidavit then you can always raise doubt on it genuiness. Lets talk on phone and then plan accordingly.

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