Audio Recording Admissible

Audio Recording Admissible

IS VOICE RECORDING AS AN EVIDENCE ADMISSIBLE IN THE COURT OF LAW?

As per the provision of IT Act, electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.

Therefore, an audio recording comes under the ambit of electronic record and passes the first hurdle of its admissibility.

Tape recorded conversation is admissible provided :

1. Firstly, the conversation is relevant to the matters in issue.

2. Secondly, there is an identification of the voice.

3. Thirdly, the accuracy of the tape recorded conversation is proved by eliminating the possibility of erasing the tape record.

A contemporaneous tape record of a relevant conversation is a relevant fact and is admissible under Section 8 of the Evidence Act. It is res gestae. It is also comparable to a photograph of a relevant incident. The tape recorded conversation is, therefore, a relevant fact and is admissible under Section 7 of the Evidence Act. Tape-recorded evidence is admissible provided that the originality and the authenticity of the tape are free from doubt.

Indian Evidence Act.

1
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.
2
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.
3
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.

Ram Singh and Others v. Col. Ram Singh, 1985 (Supp) SCC 611

Court have given their assent on admissibility as an evidence to conversations recorded on phone using a call recording app or a sound recording app provided certain conditions are fulfilled.

Conditions are:

1. The voice of the speaker in the recording must be duly recognized by the people who was making the recording or the voice of the speaker in the recording whose admissibility is in question must be recognized by anyone involved in the case.

2. The recording in question must be authentic and this has to be proved by the person presenting the evidence through sufficient means.

3. The recording in question must be authentic and this has to be proved by the person presenting the evidence through sufficient means.

More Conditions

1. The whole conversation will have to be presented before the court. No tampering or erasing of even a microsecond is admissible. The court looks into the whole conversation as one and decides according to it only.

2. The recorded device in which the voice recording is stored must be sealed and kept in safe custody.

3. Voice should be clear and without any disturbance.

Audio Recording Admissible

IS VOICE RECORDING AS AN EVIDENCE ADMISSIBLE IN THE COURT OF LAW?

Tape recorded conversation is admissible provided :

Indian Evidence Act.

Tags

Ram Singh and Others v. Col. Ram Singh, 1985 (Supp) SCC 611

Conditions are:

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