Phone call recording in evidence

Prakash (Querist) 03 August 2014 This query is : Resolved
Ld Counsels,

A party in a civil suit recorded a telephonic conversation made with a witness.

Can the tape recorded conversation along with call details prove the statements made by the witness over the phone in case the witness fails to appear before court.

Thanks in advance.

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Sudhir Kumar, Advocate (Expert) 03 August 2014
if the witness does not challenge the authenticity of the tape it can be produced.

per-recorded statement without presence of person and without opportunity of cross-examination to other party is not admissible evidence

P. Venu (Expert) 03 August 2014
The answer depends upon the facts and circumstance. Pl. come up with the complete facts.

Dr J C Vashista (Expert) 03 August 2014
I agree with experts advise.

ajay sethi (Expert) 03 August 2014
it has to be proved that voice was that of witness . that tape has not been doctored

Laxmi Kant Joshi (Expert) 03 August 2014
Agree with the experts .

Devajyoti Barman (Expert) 03 August 2014
If the tape is disputed then it has t be forensically proved. Mere statement of witness is not sufficient.

prabhakar singh (Expert) 03 August 2014
No!unless genuineness of recording is admitted by the opposite party .

T. Kalaiselvan, Advocate (Expert) 03 August 2014
It may not be admissible if the opposite party objects to it.

Advocate. Arunagiri (Expert) 03 August 2014
If the party is disputing the authenticity of the telephonic record, you can pray the court for sending it to forensic lab, to prove your claim.

Biswanath Roy (Expert) 08 August 2014
If the voice test report by forensic Dept. recognizes the recorded voice as same only then telephonic talk can be accepted as valid evidence.

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