Deepak (Nil) 23 December 2024

Audio recording submission

Dear Learned Advocates,

We have filed a DVC case and would like to submit some audio recordings of some conversations recorded in my phone to strengthen my case. In this regards, I would request anyone to guide me through the entire process of submission of these audio recordings, as my advocate hasn'nt told me much about it. (I would like to be prepared in advance so that I wouldn'nt have to face any problems further).

I also heard that it is a time-consuming process and would like to know whether it is true or not.

I would also appreciate it if anyone could share their experiences regarding any problems faced while submitting audio coversations as evidence.

Thanks

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T. Kalaiselvan, Advocate (Advocate) 23 December 2024

Geberally the audio recordings are not entertained by court as primary evidence.

However,

audio recordings can be admissible in a DV case if they are authentic and original, and meet certain other requirements:

Audio recordings can be admissible as evidence under Section 7 of the Evidence Act.

The authenticity and originality of the recording must be free from doubt.

The recording must be relevant to the case.

However, there are some other factors to consider when it comes to the admissibility of audio recordings:

Recordings that violate an individual's privacy may not be admissible.

For example, a husband recording his wife's phone conversations without her consent may be inadmissible in a divorce case.
The circumstances under which the recording was made may be important. For example, if the circumstances of the recording are unclear, or the recording could be misused, it may not be admissible.

India does not have a specific law that addresses the recording of phone calls. However, recording a phone call that you are a participant in without the consent of the other parties may still lead to legal action.

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