LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Adv. Deepak (Advocate)     14 June 2009

Conversation recorded on mobile as evidence.

Can mobile conversation between two persons be produced in Criminal Court as evidence?  What is the procedure for adducing such evidence?  When can such evidence is admitted in Criminal Courts?  Kindly extend your advice and guidelines.  Thanking you,  Deepak.



Learning

 6 Replies

PARTHA P BORBORA (advocate)     15 June 2009

 yes my friend. u pl deposit the cheque and if it dishonored by the bank as a result of insufficient found, ask ur banker for a memo showing the cause of dishonor. after getting the memo u have to send a notice through ur lawyer demanding to pay the amount within 15 days from the date of receipt of the notice. of the demand is not fulfilled u can file a case U/S 138 of N I Act. remember one thing- that, u must send a notice within 30 days from the date of receipt of the information that the cheque was bounced and u must file the case before the Court after laps of a period of 15 days from the date of receipt of the notice given by u.so pl consult with a lical criminal lawyer.

Jasvinder Singh (Security)     16 June 2009

Deeapak is asking about the legality of a recorded telephone conversation and not about a cheque bounce. Can some one please answer his query? To the best of my knowledge, a tephone conversation recorded by any one who is not a law enforcement person and without the consent of both the parties is not leagl and not admissible in court in normal circumstances.

Guna Shekaran R (LAWYER)     16 June 2009

Dear Jasvindar Singh

 It will be considered as secondary evidence and should be supported by primary evidence i.e. by mentioning in the Notice about the recording. Mobile recording has to be converted to CD and the person who converted may need to give evidence if necessary to support the claim.

R.Gunashekaran Lawyer 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 October 2009

I do agree with my Ld. friend.

 

Jasvinder Singh (Security)     08 October 2009

If you tell the criminal you are recording the conversation will he talk and will he give permission to record the conversation?

L (service)     09 October 2009

Any answers for Jasvinder's above statement...??

I disagree - To the best of my knowledge, a tephone conversation recorded by any one who is not a law enforcement person and without the consent of both the parties is not leagl and not admissible in court in normal circumstances.....

This may be the case in US.....that to in some states, recording without consent is not considered as valid evidence....

But nothing of such sort in India.......Imagine a peson says gimme 10 lakhs or else I kidnap ur son, due to the security reasons if the call is recorded then how can that be illegal....why it shud not be considered valid......the important point is the ecording shud be legible & voice shud be able to be made out.......no distortions/ disturbances, all thayt is aceptable in court, many judgements on that even SC ...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register