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Tape recorded evidence is substantive evidence

 

tape recorded evidence is substantive evidence

 
The High Court also referred to N. Sri Roma Reddy and Ors. v. V. V. Girl,(3) for the proposition that, like any document, the tape record itself was "primary and direct evidence admissible of what has been said and picked up by the receiver". In other words, its use was not confined to purposes of corroboration and contradiction only, but, when duly proved by satisfactory evidence of what was found recorded and of absence of tampering, it could, subject to the provisions of the Evidence Act, be used as substantiative evidence. Thus, when it was disputed or in issue whether a person's speech, on a particular occasion, contained a particular statement there could be no more direct or better evidence of it than its tape record, assuming its authenticity to be duly established.

Supreme Court of India
Ziyauddin Burhanuddin Bukhari vs Brijmohan Ramdass Mehra & Ors on 25 April, 1975
Equivalent citations: 1975 AIR 1778, 1975 SCR 453


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 2 Replies

Rajeev Kumar (Lawyer/Advocate)     22 October 2012

Really very informative and important to all.

Chetan Joshi (Advisory/Advocacy)     23 October 2012

Nothing new about it....


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