Audio recording
crpc
(Querist) 10 April 2012
This query is : Resolved
Dear Sir,
With reference to a divorce case I need to present audio recording I have during our telephonic conversation.
Kindly let me know about the
1. Process of court verification ?
2. Please comment can I present direct or I need to prove it authentication ? If I need then how can I do what is the process ?
3. Is any government body authenticate the audio recording as proof ? If yes then please let me know the approach..
Thanks and Regards.
Ankur
Adv.R.P.Chugh
(Expert) 10 April 2012
Dear Querist,
Audio Recordings - are admissible as electronic records as per S.65A.
You need to keep handy the original instrument through which the recording was done (the original MMC/Instrument).
You can burn the recording on a CD and submit to court alongwith a transcription + an affidavit stating the compliance of requirements of s.65B.
If the opposite party disputes the genuinity of the recordings. Expert Opinion can be obtained u/s 45 of the Evidence Act. The parameters of examination of recordings have been laid down in landmark : R.S.Malkani v. State of Maharashtra - 1973
crpc
(Querist) 10 April 2012
Hon'ble Adv Bhagat,
Please clarify more about these
1. MMC = ?
2. Can you little more elaborate, is it is a judgement, is it possible for you to provide a link for same.. or cam you mail me on call_ankur1@yahoo.com.
The parameters of examination of recordings have been laid down in landmark : R.S.Malkani v. State of Maharashtra - 1973
I would be obliged to you.
Thanks for response and valuable suggestions.
Ankur
ajay sethi
(Expert) 10 April 2012
In Ziyauddin Burhanuddin Bukhari (supra), relying on R. v. Maqsud Ali (supra), a Bench of three judges of this Court held that the tape-records of speeches were admissible in evidence on satisfying the following conditions:
'(a) The voice of the person alleged to be speaking must be duly identified by the maker of the record or by others who know it.
(b) Accuracy of what was actually recorded had to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, had to be there so as to rule out possibilities of tampering with the record.
(c) The subject-matter recorded had to be shown to be relevant according to rules of relevancy found in the Evidence Act.'
24. Similar conditions for admissibility of a tape-recorded statement were reiterated in Ram Singh & Ors. v. Col. Ram Singh [1985 (Suppl.) SCC 611] and recently in R.K. Anand v. Registrar, Delhi High Court [JT 2009 (10) SC 1 : 2009 (8) SCC 106].
ajay sethi
(Expert) 10 April 2012
the case of R.M. Malkani vs. State of Maharashtra, AIR 1973 SC 157. In paragraph 14 of the judgment, the tape is held to be primary and direct evidence of what has been said and recorded.
.Further in the case of R.M. Malkani (supra), tape recorded conversation is held admissible if it is relevant, if the voice is identified and the accuracy of the tape recorded conversation is proved by eliminating the possibility of erasing the tape recorded conversation
A. A. JOSE
(Expert) 11 April 2012
S.65 A of the Evidence Act and the citations already given by the learned experts answered the issues raised please.
