Voice recording

Laws regarding electronic record and their admissibility are properly laid down in Section 65B of Indian Evidence Act. The contents of electronic records may be proved in accordance with the provisions of section 65B. Therefore, in order to understand whether a voice recording can be used as an evidence in courts in India, an understanding of section 65B of Indian Evidence Act is necessary.

• Any information contained in an electronic record which is recorded or copied in optical or magnetic media produced by a computer shall be deemed to be also a document if the conditions mentioned here are satisfied.
• If the conditions are satisfied then such recordings are admissible in any proceedings without further proof or production of the original, as evidence of any contents of the original, or of any fact stated of which direct evidence would be admissible.

The conditions are–

• The source containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer.

• During the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities.

• Throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period was not such as to affect the electronic record or the accuracy of its contents.

• The information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.[1]

The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette or purporting to be electronic record directed by any law to be kept by any person if such electronic record is kept substantially in the form required by law and is produced from proper custody.

In any proceedings involving a secure electronic record, the Court shall presume unless contrary, is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates.[2] E.g. in cases of bank frauds, digital track records such as time and date.

please come with facts.

Originally posted by : crest soft

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 no legal issue raised.