Audio Recording as an Evidence

you can refer to section 4 of the Information Technology Act 2000 and section 65 A and 65 B of the Indian evidence act.

Dear Advocate Satish,    As pointed out by Adv. Assumi, Indian Evidence Act 65A, 65B prescribe certain procedure whereby mobile recording can be treated as evidence.  Under S.65B, you have to apply to the Hon'be Court seeking necessary directions to the mobile company to give recorded version of your conversation on that particular date and time.  That order of the Hon'ble Court has to be served on the Mobile Company.  Mobile Companies have got the facility to give you recorded version of your conversation with printout and with authentication certificate.  This recorded version of conversation with printout and authentication certificate will be treated as documentary evidence without any further proof of the same.  You may make such application at the stage of evidence.  Regards.

what does indian law say about dividing ancestral property if A inherits some property and now he is dead leaving B(wife)
C(daughter married ),D(daughter married).

There are ceratin guidlines given by the Apex court

It should not be tampered,doctored, sufficient audibility is there to recognise the concerned persons, relevant to the subject matter

I think leave to file witness should be there and may act as dcumentary evidences

Dear Advisors,

I am student of a deemed university. I am explaining the event occurred with me in last few days. The event includes Vijaya (PhD student, 2^nd year), Piyus (PhD Student,1^st year), me (PhD student, 3^rd year) and Rajesh Sharma (Vijaya boyfriend and not a student of my Institute).

Vijaya and Rajesh Sharma were boyfriend and girl friend to each other since B.Sc. 3^rd year (2004) from BHU. They were attached for more than 7 years. However, recently few months back there was a breakup. Now she is a good friend of Piyus, a junior to her at the institute.

Two days before Deepawali, Rajesh came to my room at 8.30 am and told me every story of his relationship with her in one hour. Most of the times he spoke against Vijaya and Piyus. He also told me about the unethical relationship between Piyus and Vijaya. I became sentimental and tried to help him to come out of the situation. After that, he came to IIPS (my institute) on Deepawali night and both (Vijaya and Rajesh Sharma) fight with each other for many things.

After this event, he (Rajesh Sharma) called me through his mobile four-five times. Initially, I tried to make him understand the situation. But gradually, I was very much disturbed because of them. Unfortunately, last two telephonic conversation has been recorded by either of three (Rajesh Sharma, Vijaya or Piyus) in which I have used wrong words for Piyus and Vijaya and Institute as well. Now the tape has been circulated between them. I actually don’t know of these three who has recorded tape and how it has been done. As per my understanding, I understand that vedio conferencing has been used and most probably Vijaya has recorded the talks when Rajesh Sharma called me and talked with me. I feel that all things were pre-planned and they build a trap against me.

Now Piyus has put a complaint to the director of the Institute and said that he has abused me, north-east people and institute as well (considering that tape as an evidence). Director has considered that complaint and has taken action over that. Considering the tape and written complaint by Piyus, Director has terminated my hostel, mess and also I cannot come to hostel to meet my friends. And my fellowship will be terminated if found near the hostel or mess premises. The termination of hostel and social exclusion is affecting my career. As per now, I don’t remember what exactly I have spoken while conversation with Rajesh Sharma and therefore, I have accepted the charges made by them verbally.

It is important to clear that I have never talked or abuse Piyus or Vijaya face to face. I have never used any wrong words in the campus of the Institute or before them and whatever I talked to Rajesh Sharma, from outside the campus.

I feel that there was some trap and somehow I got involved in that. But at present these three are playing with my career. I want to know that

• Whether any personnel talks can be considered as evidence?
• Whether personnel phone taping is legal or illegal?
• Rajesh Sharma or Vijaya has right to tape my phonic conversation through his mobile?
• Whether a person about whom I have talked to another person can record and put recording as an evidence.
• I am using MTNL and his is Vodaphone. Can, I put a complaint to these service provider that this is technical misuse of the technology to hamper one’s life?
• Can the event can be considered as blackmailing or any such kind of offense?
• Can the wrong wording for Piyus, Vijaya and Institute can be personnel perception and anyone has right to keep their point. Regarding the Institute, I said like institute is not doing anything and students are misusing the facilities provided by the institute. And also institute does not take any action over many incidents. Does it seem to be an offence if that is recorded and one is utilizing that?
• I have said against both (Vijaya and Piyus) of them. Can they go against me in court of Law for women case or other cases?
• If personally I have said against the institute that should be considered for execution from the deemed university?
• Till now I have not listen the recording. How I can demand for the tape from the institute to know what exactly I have said?

 Thanks

Respected Members,

It is my kind request to delete the above post. Thanks