Admissibility of audio recording stored in computer

Querist : Anonymous (Querist) 14 August 2023 This query is : Resolved
I am facing a criminal case since last 4 years. It's a dowry and sexual harassment case. I have ample audio recordings which are stored in pendrive and computer. I have backed up data in email as well.

Now because it's an old case and the phone which was used to record the conversation has been disposed owing to time.

There has been no tempering with data, even the date of creation of audio file is intact. The audio is clear and audible and related to the case.

My question is Can I use the audio as secondary evidence in absense of orignal/primary device? Will such evidence be admissible and read in my case as defence.

Follow Query

Report Abuse

T. Kalaiselvan, Advocate (Expert) 14 August 2023
The electronic evidence can be used as secondary evidence by producing a certificate under the provisions of section 65B of Indian evidence act.
At the same time you can also create a hash file to establish the genuineness of the data to be produced before court as your side evidence

Advocate Bhartesh goyal (Expert) 14 August 2023
A electronic record by way of secondary evidence shall not be admitted unless the requirement under sec 65 B of Indian Evidence Act are satisfied, including written certificate u/sec 65 B(4) .

Querist : Anonymous (Querist) 14 August 2023
Thanks T kalaiselvan sir

Querist : Anonymous (Querist) 14 August 2023
Thanks Sh. Bhartesh goyal ji, sir if you have time kindly explain the 65 b( 4) clause.

What remedy is available if original phone is not available?

T. Kalaiselvan, Advocate (Expert) 14 August 2023
Under Section 65-B(4) of the Evidence Act, if it is desired to give a statement in any proceedings pertaining to an electronic record, it is permissible provided the following conditions are satisfied: (a) there must be a certificate which identifies the electronic record containing the statement; (b) the certificate must describe the manner in which the electronic record was produced; (c) the certificate must furnish the particulars of the device involved in the production of that record; (d) the certificate must deal with the applicable conditions mentioned under Section 65-B(2) of the Evidence Act; and (e) the certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device.
The Supreme Court in Arjun Panditrao case quoted the above conditions and process for authenticating electronic evidence from Anvar P.V. case

Dr. J C Vashista (Expert) 15 August 2023
Very well explained and advised by experts, nothing more add.

N.K.Assumi (Expert) 15 August 2023
The query has been dealt with in depth by the experts, and nothing to add.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Ask Query
Unanswered Queries