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Santosh kumar (lect)     06 July 2014

Video & audio recording in defense again false allegations

Hi

 

I have one Audio recording and one Video recording done while discussing our issues with her family. I recorded over cell phone. Can somebody advice me the exact procedure to make this a credible evidence in court as defense against false allegations.

I see lot of postings in the forum about evidence Act 65A an 65B and IT act 2000. But this is confusing. Please enlighten with exact steps to follow.

 

regards

Ramesh



Learning

 6 Replies

Akhilesh (service)     06 July 2014

Though I'm not a lawyer but have been faced such condition. First of all don't go by those statements regarding so and so sec. will be imposed on you.

Use some common sense.....

did you use these recording for blackmailing?

Was the intention to harass and blackmail.?

 

Or....

U did for self protection , for avoiding the false cases from the side of girl and parents.

If the recording is as per the second point and it shows that they are talking and threatening you or planning to do so or blackmailing  then you are safe.

 

Since self protection is everybody's right but not blackmailing or harassment ..

 

rising up again (FFF)     06 July 2014

depends on what is the recording all about  ? what and in what circumstances have u recorded it.... thr is a chance that the magistrate may say that as u were recording those, u obviously wud be more polite and watchful....and hence may not give much heed to it................

 

still u shud........

1. Keep the recording in its original device....i,e. ur phone..  do keep multiple backups....for safety. you will have to make the transcriptt of the audio recordings....u have..... to present in the court. 

2. Collect as many more evidences as u can.....and do try saying the date in that recording so as to assure that the date is recorded in it. else, how wud u prove that its not a 2-5-10 yr old recording ??

3. you may use spy cams to record.... which are easily available... online and in markets.

4. video recordings wud be more helpful than audio, hence work on it. 

 

best of luck................ 

T. Kalaiselvan, Advocate (Advocate)     07 July 2014

What is the case before the court and what type of conversations you have recorded that you feel it to support you as evidence?,  please furnish details while posting queries if  you intend to get proper opinion to your issue.

Santosh kumar (lect)     08 July 2014

thanks for the reply. Sorry for not mentioning the context. The case is regarding my wife threatening with false claims torture and trying harass me.

As a precautionary measure want to create credible evidences in my defense.

 

regards

Ramesh

rising up again (FFF)     08 July 2014

i am going thru the same case....

the rules...

- be calm. never show anger. always be smart and wise on what you say to your wife. never abuse her - verbally or physically.

- install CCTV cameras asap in ur house. IR camera wid highest quality sound recording mic's. use a minimum 1 TB Hard disk.... as you may need recordings of longer durations. use best quality camera of a reputed company...few bucks saved wont help much............

- keep saving all recordings in a separate hard disk...and keep it as safe as possible.

- when ur wife fights wid u....u keep calm..... then keep the recordings safe of the trauma u going through.

 

After few months , you will see u have enough material to prove the trauma and also to safeguard yourself from any false allegations she might put on u... As she wud know that there are cameras, she would also stay calm and stop fighting with u....on petty issues.... 

 

rest..... use spycams.....they are very helpful !!!  trust these are tried and tested ideas..............

K.K.Ganguly (Advocate)     12 July 2014

1. Yes,the transcrips of those recordings will be accepted by tye Court,

 

2. The person who will technically extract the audio part of the electronic documents and make the transcriptt  shall have to affirm under an affidavit that he has done so,

 

3. The original documents shall have to be presrved fir presentation before the Court on demand.


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