Request for an expert opinion on the below:
There is a small audio file that needs to be submitted as an evidence in the Court under Domestic Violence matter. The audio was recorded in the Applicant's/complainant's husband phone. The phone started to malfunction so the husband transferred the audio file to his Google drive and saved it. Later the phone stopped working and was given for repair and the audio file is not in the phone anymore. Now its a secondary evidence so section 65- B certificate would be required. As there is no one to provide any such certificate, is it fine to submit an affidavit/declaration mentioning the details related to the audio file?
Originality of the audio recording has been tampered therefore, it would not be admitted in evidence and certificate given under section 65 B of Indian Evidence Act, 1872 will be challengable.
