fighting back (exec) 23 June 2013

Video with audio recordings as evidence

Dear members,

I wish to submit some video recordings to court for evidence purpose, but my dilemma is:

I had the video recordings in a limited video recorder which had limited memory of 2 gb

i there had to transfer each and every video to my pc when the recorder was full

however my pc crashed and the data got corrupted, i had to take the pc to the data recovery centre

they recovered the data for me, now i wish to present the same data to court as evidence. my question is:

1) wil this recovered data be now considered as tampered because it has been recovered on another software by the vendor, then i transfered it to my pc and now i am presenting this in court.

2) will this recording be also considered as secondary evidence in case the recording is declared as tampered by the court

3) can i ask the court to atleast take the voice sample if the court thought that voice was tampered?

Thank you all and awaiting your kind replies

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 23 June 2013

You produce before the court, if other side said it is corrupted then burden lies on them to prove that.

Gaurav (consultant) 23 June 2013

Originally posted by : adv. rajeev ( rajoo )
	You produce before the court, if other side said it is corrupted then burden lies on them to prove that.

Burden lies on them or on "silver-sword"

My understand is that whosoever wants to enjoy the benefit of evidence has to prove its reliability.

So as per my understanding they just have to say that his media is tampered then burden shifts on "silver-sword" to prove that it is not tampered.

He may have to approach forensic in that case (where his video will be claimed as "not-in-original-media".

Please correct m understanding.

fighting back (exec) 23 June 2013

just because the recording doesnt exist in the original media.....will it be considered as inadmissible and tampered????

on what parameters is tampering checked?

is the recording cut in between?

is there a dubbing?

what else are the parameters? and just because the evidence is dismissed on technical grounds, doesnt the judge take a reference of the material to judge the case??