R. K. Singh (Business) 05 February 2018

Producing call record by respondent in cross of petitioner

Dear Sir / Madam

Can call recordings be produced and played in Court by respondent while he is doing cross examination of petitiioner or petitioner father.

This is a matrimonial dispute and we are doing cross examination of the father of the lady/wife. The husband wishes to play some call recordings during cross of his father in law. The purpose is to elicit true replies. During her cross, the wife responded as she is not able to recall ... in many queries. To avoid this kind of situation and to remind the father in law of the incident we wish to play the audio recording (it will also save the hassel of transcripttting etc.)

We want to create small audio clipping of relevant talk to remind the person that this actually happened and also he will be under some true belief that we are having evidence. The purpose is to elicit true replies.

Can this be done? What will be the best way to do it?

Many many thanks & regards

K Gupta

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2 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 06 February 2018

Basically, recordings are not accepted as evidence. When that is the scenario, what is the point in playing the tape or whatever it is.

Whether it can be played or not (although not admissable as evidence) depends upon each circumstance of the case and the temperement of the honourable Judge concerned.

In our country, we do not have a Jury to impress with in admissable evidence by simply playing it. Judge will surely ignore the recordings, even if permitted to play (long shot).