Audio Recoording
Satish
(Querist) 02 June 2009
This query is : Resolved
Resp. Expert Members,
One of my client has recorded the conversation of his wife and mother-in-law in his mobile phone.
The recorded facts are of much important in his case for seperation.
Now I want to know :
1) What is the procedure to produce this audio recording before the court?
2) At which stage I should produce it before the court?
3) Whether it will be considered by the court as a documentary evidence?
Suhail suhail
(Expert) 03 June 2009
The recording of your client is not going to be the base of filing a divorce petition.The evedentairy value of recordings is not considered as concrete in civil matters, though it has some value in criminal cases that too for investigating purposes. WEll the stage of presenting evedance documentary or else except the oral is presented at the stage of framing of issues.You can raise it as an issue then you have to prove it so get benefit of such recording.But hopes are lesser for its consederation.
A. A. JOSE
(Expert) 03 June 2009
I agree with the view of the expert Bilal Autshi. As far as I know, it will be difficult task for you to establish.
Satish
(Querist) 03 June 2009
Thanks to Mr Bilal and other Expert Members for providing their valuable time.
Sir, I have never tackled this type of case before.
I want to know the procedure to produce it before the court. How may I produce audio recording before the court? Whether I have to submit the mobile phone or any other way is there?
J K Agrawal
(Expert) 04 June 2009
Dear sir
The recording done by you come under definition of evidence under s 2 of the Inian Evidence Act and it can be produced and proved as per provisions of s 65B.
Your recording is not in consonance with provisions of S 65B so not admissible in evidence.
B.B.R.Goud.
(Expert) 06 June 2009
Mr Satish... you can produce that audio recording at the stage of framing issue, filing a case, in the form of CD with reference in the petition, which will help for further investigations.
as per IT Act, it ( Electronic form of audio record) is also considered as a documentary Evidence.
