Video or audio recording
Querist :
Anonymous
(Querist) 27 August 2018
This query is : Resolved
we have a cases in a court one day the opposite party came to us and said they want to talk , compromissed we sit in a canteen and and recorded all communication happend between us. this is a audio recording can this recording we show to court as a evidence.
Vijay Raj Mahajan
(Expert) 27 August 2018
You may show but to get it admitted you have to get it certified by forensic laboratory for which voice sample of all parties in conversation will be required and no court can force any party to give the voice sample for laboratory examination.
Querist :
Anonymous
(Querist) 27 August 2018
if a person denied that in recording the voice is not his/her then?
if person is not ready to give voice sample then what is the importance of voice recording
N.K.Assumi
(Expert) 27 August 2018
Such tape recording conversation can be admitted as facts which are the occasion and cause or effect of relevant fact, and fact admitted need not be proved. But why should compromise be based only on tape recording conversation, in spite of writing under the respective hands of both the parties?
N.K.Assumi
(Expert) 27 August 2018
If a person deny the voice in tape record, another tape recording can be made and compare the voice for the satisfaction of the court.
Querist :
Anonymous
(Querist) 27 August 2018
compromissed not done yet, case in court till date, but the thruth is recorded in the audio recording in which opposite party telling that how they done the fraud.
Guest
(Expert) 27 August 2018
What is the opinion of your own lawyer?
Kishor Mehta
(Expert) 27 August 2018
Any self incriminating recorded evidence is not admissible in a criminal case unless it is recorded before a judicial authority or admitted by the person in the Court. No person can be forced to give evidence that implicates him in a criminal offence.
K Rajasekharan
(Expert) 27 August 2018
Self incriminating recorded voice, as said earlier, is inadmissible in evidence.
In addition, whether voice sample of the accused can be taken by force for testing the recorded voice is yet to be decided by a recently constituted three member bench of the Supreme Court, as a two judge bench of the court delivered a split verdict on the matter in 2012.
ashok kumar singh
(Expert) 28 August 2018
AGREE WITH VIEWS AND OPINION OF THE EXPERTS
THANKS
ASHOK KUMAR SINGH,
ADVOCATE
P. Venu
(Expert) 28 August 2018
The better option, if the parties intend to compromise, is to get the matter placed before the Adalat.
