amaresh 07 October 2015
anav6259 07 October 2015
Normally it will not be allowed. You need to produce the original device so as to prove that no tampering has been done with the record. You may take help of a Forensic team and produce certificate that the records are not tampered. Prepare a transcriptt of the entire recording before it is produced infront of the court.
You can refer the followingcases:
RM Malkhani (SC)
Vishal Kaushik(Raj HC)
Umesh Kumar (SC)
amaresh 07 October 2015
amaresh 08 October 2015
Originally posted by : amaresh | ||
i have the CD, but lost my cell-phone. Tell me Experts how it is admissible before the court of law as evidence? Is it a secondary evidence? |
You record it on memory card or phone internal memory or a CD or a DVD, the authenticity of the recording can be checked through court itself if the opposite party has any objections to evidence submitted. But if you have already mentioned in your WS as on what instrument you have a recoding of the converstaion, you should submit only that instrument. Either ways you can submit this too as evidence and ask court to check its authenticity if opposite party objects it.
amaresh 08 October 2015
Dear Sir, i have not yet told through my WS that i want to submit those records before the ourt. I want to showit on the Evidence day. I want them to be surprised. I want to bring out the cruel face of them before the court. But sometimes Luck is not in my side. I have lost the Original device. But still have the CD. Then sir is it feasible for me to show those records? Is the court will grant it as evidence? please sir respond...
Originally posted by : amaresh | ||
Dear Sir, i have not yet told through my WS that i want to submit those records before the ourt. I want to showit on the Evidence day. I want them to be surprised. I want to bring out the cruel face of them before the court. But sometimes Luck is not in my side. I have lost the Original device. But still have the CD. Then sir is it feasible for me to show those records? Is the court will grant it as evidence? please sir respond... |
Then you have to submit rejoinder after informing to opposite party lawyer that you will be submitting such during evidence stage, court wont take whatever you want to show in court whenever you want, it is court, not your fathers house where you can do whatever you want when ever you want, follow protocol. Talk to your lawyer and file rejoinder.
amaresh 08 October 2015
Sir thanx. an you give me some citation/judgements regarding mobile call reacords, please provide me. It may help me....
Originally posted by : amaresh | ||
Sir thanx. an you give me some citation/judgements regarding mobile call reacords, please provide me. It may help me.... |
No citations as such. You may simply file it. Anyways even if you put the same judge's citatoin from some old case, he or she need not agree to it. Citations will hardly be of any use in any case, as judges dont follow SC guidelines strictly. Judges use their own discretion. All the best.
anav6259 11 October 2015
Please refer the attached article which also talks about numerous citations.