Evidence of the case

suresh (Querist) 10 November 2011 This query is : Resolved
Hello sir,
Please tell me phone recorded voice is considered as a evidence or not. If they will taken as a evidence then which type of records are accepted ..

Thanks in Advance
Suresh.M

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ajay sethi (Expert) 10 November 2011
yes admissible in evidence

A compact disc containing recording of telephone conversation could be valid evidence according to Section 3of the Evidence Act and Section 2(t) of the Information Technology Act, the Supreme Court has stated in the case, KK Velusamy vs N Palanisamy. One of the parties in a suit over sale of property produced a CD in the court as evidence. The opposite party objected to its validity as evidence, arguing that the recordings were created with the help of mimicry specialists. In this context, the Supreme Court stated that electronically recorded conversation is admissible in evidence, if the conversation is relevant to the matter in issue and the voice is identified and the accuracy of the recorded conversation is proved by eliminating the possibility of erasure, addition or manipulation. A CD recording of a relevant conversation is comparable to a photograph of a relevant incident. - www.business-standard.com

ajay sethi (Expert) 10 November 2011
HC: Recorded conversation on CD is admissible evidence in Family Court
February 26, 2011

Bench: R S Dalvi
1 NM-8

PGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

Notice of Motion No.8 of 2010

IN

Suit No.16 of 2008

Mrs.Havovi Kersi Sethna … … Plaintiff v/s.

Mr.Kersi Gustad Sethna … … Defendant

Mr.Narayan Suvarna i/by Mrs.Ansuya Dutt for Plaintiff

Piyush Vaishnava (Expert) 10 November 2011
yes it is a strong evidence and all types of records accepted, its upto you to prove the stability of your evidence.

M.Sheik Mohammed Ali (Expert) 10 November 2011
yes its admissible as per evidence act

prabhakar singh (Expert) 11 November 2011
i do agree with expert query reply.

Shonee Kapoor (Expert) 11 November 2011
The same is admissible as evidence, if:

1. It is on the original media
2. The voices are distinguishable and identifiable.
3. It is relevant to the matter.
4. The possibility of manipulation is eliminated.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com