Email / voice recording as evidence
Querist :
Anonymous
(Querist) 26 September 2011
This query is : Resolved
Hi All,
If printout of e-mail is being put up as evidence and other party objects that such e-mail id does not belong to him or the said e-mail was not written, how to prove that it is the true evidence.
Similarly about voice recording also, how to prove it. Will the court summon the telecom operator also ?
Thanks
ESTHERPRIYA
(Expert) 26 September 2011
Dont worry they are treated as original documents unless the same it disputed by other.
ajay sethi
(Expert) 26 September 2011
As per Information Technology Act, 2000 - Section-4,
Legal recognition of electronic records - Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is-
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
when emails are sent you have delivery report that emails have been received . take a print out .
ajay sethi
(Expert) 26 September 2011
S. Pratap Singh v. State of Punjab, AIR 1964 SC 72 a five judges bench of Apex Court considered the issue and clearly propounded that tape recorded that tape recorded talks are admissible in evidence and simple fact that such type of evidence can be easily tampered which certainly could not be a ground to reject such evidence as inadmissible or refuse to consider it, because there are few documents and possibly no piece of evidence, which could not be tempered with. In this case the tape record of the conversation was admitted in evidence to corroborate the evidence of witnesses who had stated that such a conversation has taken place.
Ram Singh v. Col. Ram Singh, AIR 1986 SC 3, following conditions were pointed out by the Apex Court for admissibility of tape recorded conversation:
a) the voice of the speaker must be duly identified by the maker of the record or by others who recognize his voice. Where the maker has denied the voice it will require very strict proof to determine whether or not it was really the voice of the speaker.
b) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence direct or circumstantial.
c) Every possibility of tempering with or erasure of a part of a tape recorded statement must be ruled out otherwise it may render the said statement out of context and, therefore, inadmissible.
d) The statement must be relevant according to the rules of Evidence Act.
e) The recorded cassette must be carefully sealed and kept in safe or official custody.
f) The voice of the speaker should be clearly audible and not lost or distorted by other
Sankaranarayanan
(Expert) 26 September 2011
yes no more clarity is need further. mr ajay narrated well and given good quoted judgment too.
Sailesh Kumar Shah
(Expert) 26 September 2011
Expert Ajay Sethi has left no room to add any thing more.
prabhakar singh
(Expert) 26 September 2011
Expert ajay sethi HAS REMOVED ALL OF YOUR DOUBTS FOR WHICH ANY ADDITION IS AN USELESS TRY.
