smart jain 23 March 2020
Joy Bose 23 March 2020
Hello,
There is a dilemma regarding call recording being accepted in courts. Her lawyer cannot just say it is intentionally recorded, he has to prove that.
To prove that it's her voice, there are some rules of call recording laid down by the court.
Here is an article regarding the evidentiary value of call recording.
https://blog.ipleaders.in/voice-recording-evidence/
Regards,
Joy Bose
Advocate Suneel Moudgil (Advocate) 23 March 2020
1. if the lawyer says that you have intentionally recorded them, he is admitting the recordings,
2. submit the recordings in the court, if relevant
Real Soul.... (LEGAL) 23 March 2020
may be that will help you to prove something until confronted by your wife to prove that is her voice...if you have witnesses that wouild weigh in the court
ANAMIKA VICHARE (LAWYER) 23 March 2020
Call recordings are good proofs. Ypu have to also submit transcripttions like howwe writedrama dialogues n give title @ Call recording dated time between X n Z
smart jain 23 March 2020
T. Kalaiselvan, Advocate (Advocate) 23 March 2020
You should not be scared by the threats posed by her lawyer in this regard.
you should look for support form your lawyer on such occasions.
You can also produce the electronic form of evidence by following the procedures as laid down in the provisions of law under section 65B of Indian evidence act.
You can discuss with your lawyer on all such strategies instead of getting scared by the threats posed by the opposite lawyer, he may try to do many gimmicks to defend the interests of his client, hence you may also hang on to your advocate to confront such situations
T. Kalaiselvan, Advocate (Advocate) 23 March 2020
The provisions of section 65B(4) of Indian evidence act is given below for your perusal:
smart jain 23 March 2020
T. Kalaiselvan, Advocate (Advocate) 23 March 2020
Audio recordings are admissible as evidence if they appear to be trustworthy, genuine and have been corroborated by other evidence. Section 65A of the Indian Evidence Act, 1872 states: The contents of electronic records may be proved in accordance with the provisions of section 65B.
Section 65B refers to a process of producing a “Computer Output” of the electronic document which is the evidence to be admitted and such computer output can be either in the form of a “Print Out” or a “Copy”.
The applicability of procedural requirement under Section 65B(4) of the Evidence Act of furnishing certificate is to be applied only when such electronic evidence is produced by a person who is in a position to produce such certificate being in control of the said device and not of the opposite party
T. Kalaiselvan, Advocate (Advocate) 23 March 2020
what can be the perfect answer sir according to you... please let me know...
Her lawyer can say anything to divert or dilute the issue and even may threaten you of invading her privacy.
You should not be deterred by your determination.
Her lawyer is not an authority, court only can decide the case and not her lawyer.
you may present your case properly and strongly before the court and go ahead with the trial proceedings as per law and on the support of documentary evidences and merits in your side.
smart jain 23 March 2020
N.K.Assumi (Advocate) 24 March 2020
Yes, you are in possession and in control of elecronic evidence, and to be admissible in the court of your audio records, you hace to produce the certificate by santifying the electronic records.
smart jain 24 March 2020
N.K.Assumi (Advocate) 24 March 2020
Only stick to what is relevant in the case, as that is the position of law in any proceedings. A lawyer may say anything in the court to divert from the relevant issue, and you have to see that the procedings are on relevant issues only, and if the counsel brings on record any irrelevant matter in the proceedings, you object to it being irrelevant.