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Sagarr MaÑñ   27 May 2020

Audio Recording as proof?

Two persons are talking with each other one of them is recording their chit chat the person who is recording attempts suicide and is no more. Their relatives filed case against another person who is talking with him with these audio recordings. Can these audio recording is applicable in court as proof for pressurizing the person to attempt suicide?
* They have audio recording in mobile phone not call recording.


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 2 Replies

Advocate Ganesh Ram   27 May 2020

yes these audio recording can be taken as a evidence against that person and he can also be convicted if that audio is proved to be original and not doctored one.

Ganesh Ram
Advocate

You can also contact me at ganesh555ram@gmail.com

KISHAN DUTT KALASKAR (Advocate)     27 May 2020

Yes, Admissible.. Please CLICK LIKE and follow me if you feel my answer  helped you

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  • Text messages on the telephone or whatsapp are considered at data in electronic form which is admissible in court. It is easy to tamper with the messages on whatsapp but please remember that even if one of the parties to a conversation / chatting on Whatsapp deletes a message partly, even then the whole conversation may still be available verbatim on the servers of Whatsapp. Moreover, your Internet Service Provider (ISP) may (possibly) also have copy of the conversation on its own servers. So, if there is a police investigation, the police can get the details from those servers. Moreover, the courts can also requisition such details from these companies.
  •  Secondly, there is no doubt that messages on Whatsapp will amount to evidence. How much reliable or trustworthy or how weight is to be attached to them, will be of course a subject matter of appreciation of evidence.
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  • WhatsApp message as a proof?
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In India, the message would be treated as an "electronic record" and admissible in courts as a conventional document would be, as per Section 65(B) of Indian Evidence Act provided:

  • The message is not hearsay; it was received by you.
  • The phone has not been tampered with and has been in regular use.
  • The message was sent by the person alleged to have sent it.
  • The sender intended to send it.

As stated by others, the message would be subject to the same tests as documents otherwise admissible are subjected to.

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https://en.wikiversity.org/wiki/Indian_Law/Criminal_evidenc

Please put the following in the browser and get the relevant matter.

 

RECENT TRENDS IN RECORDING AND ADMISSIBILITY OF EVIDENCE TOPIC:- APPRECIATION OF EVIDENCERECORDED THROUGH ELECTRONIC MEDIA. Prepared by Sri.P.Rajendra Prasad, Addl. Senior Civil Judge, Srikakulam

Please put the following in the browser and get the relevant matter.

RECENT TRENDS IN RECORDING AND ADMISSIBILITY OF EVIDENCE TOPIC:- APPRECIATION OF EVIDENCERECORDED THROUGH ELECTRONIC MEDIA. Prepared by Sri.P.Rajendra Prasad, Addl. Senior Civil Judge, Srikakulam.

https://en.wikiversity.org/wiki/Indian_Law/Criminal_evidence

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