Recorded voice as evidence
OPS
(Querist) 01 April 2012
This query is : Resolved
Can the voice conversation recorded on mobile phone be used as evidence in cases of 498 and cruelty against men?
If yes, what is the process of submitting it in court? Is transcript and original device required to be submitted? Will it be a primary evidence under evidence Act?
Shonee Kapoor
(Expert) 01 April 2012
Yes, if the said recordings are kept on original media.
Make the transcript, copy the same on a CD and submit in court alongwith an affidavit as per sec 65B of Indian Evidence Act. The original handset would need to be shown in court for comparison.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
OPS
(Querist) 01 April 2012
Thanks a lot Shonee for your prompt response.. I have it on the original device and media. If this is being objected (which they will for sure) by the lawyer of my wife, does the onus of proving it genuine lies on me or on her? Do I need to get a certificate of authencity from Cyber forensics in advance or you think it's not required now..
N.K.Assumi
(Expert) 01 April 2012
The author of the voice has to be examined in the Court, before the court acted on it as credible evidence.
prabhakar singh
(Expert) 01 April 2012
The onus of proving it genuine lies on you.
V R SHROFF
(Expert) 01 April 2012
can engage Experts to check & verify voice of person. + if ogiginated from her personal cell no. she cannot escape or defend further.
act as per advise of Shri Shonee,
kartikeya
(Expert) 01 April 2012
u can use it as evidence ...but accuracy of the audio cliping will need to be proved if the defendant objects on it
Section 65B clearly states that " Not withstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (herein after called the Computer Output) shall be deemed to be also a document...."
you can get some idea through this judgement...
Mrs.Havovi Kersi Sethna vs Mr.Kersi Gustad Sethna
Adv. Chandrasekhar
(Expert) 01 April 2012
Mr. Kartikeya rightly described the position. It can be only a document. But proving a document and its contents require several steps. You have to follow all those steps. Her defence that it is not her voice and also it is doctored, will put a lot of burden on you.
Shonee Kapoor
(Expert) 05 April 2012
The proof of genuineness lies on you.
However, let the other lawyer object to it first, then you can ask for FSL testing of the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
