Misuse of telephonic conversation.
ajay kumar mishra
(Querist) 17 August 2013
This query is : Resolved
I made a call to my friend by telephone and during conversation my friend without my consent recorded my conversation and on the basis of our recorded telephonic conversation he lodged a F. I. R. against me under section 420 IPC. Is the recorded conversation is legal? Is it not violate my right of privacy? and to lodge f.i.r is not legal?
Devajyoti Barman
(Expert) 17 August 2013
What was the conversation and how are you involved in the offence?
Clarify these points.
R.K Nanda
(Expert) 17 August 2013
state full facts.
Guest
(Expert) 17 August 2013
During conversation between two persons, there arises no question of privacy between them. Question of privacy arises only, if third parson tries to overhear that intentionally to misuse that against any one of them.
Secondly, when you were talking to your friend, he was not bound to take your consent for recording that conversation, as that was aimed and meant for him only. If that conversation is incriminating and violates any law, there would be no case of misuse on his part if he reports the matter to law enforcement agency.
prabhakar singh
(Expert) 17 August 2013
Dhingra Ji is right!
Exactly same i would have to repeat as my opinion if i write,hence for sake of brevity
i assent to his opinion which squarely covers your query.
Guest
(Expert) 17 August 2013
Thank you very much Prabhakar ji for endorsing my views.
Sudhir Kumar, Advocate
(Expert) 17 August 2013
I fully agree with Mr Dhingra. One cannot give evidence against him on conversation and prevent the other party from preserving it.
It is admissible evidence. It is extra-judicial confession and if it proves any offense then sufficient for conviction.
Rajendra K Goyal
(Expert) 17 August 2013
Well advised by the experts, nothing more to add.
Sudhir Kumar, Advocate
(Expert) 17 August 2013
for further query please indicate what you confessed in recorded conversation.
ajay kumar mishra
(Querist) 18 August 2013
Thanks a lot to the experts and I am fully satisfied with the reply of Dhingraji endorsed by other experts.
Raj Kumar Makkad
(Expert) 18 August 2013
I am also agree with the avice of ld. Dhingra ji.
