I have recordings of my wife using abusive language on me, to prove them as geniune has she got to give her voice sample ? if not how can i prove those recordings are genuine ?
Kumar...... (occupation ) 22 November 2017
I have recordings of my wife using abusive language on me, to prove them as geniune has she got to give her voice sample ? if not how can i prove those recordings are genuine ?
Vijay Raj Mahajan (Advocate) 22 November 2017
This matter is extremely ticklish. The Supreme Court of India in this case: Ritesh Sinha Vs State of UP Criminal Appeal No. 2003 of 2012 with two judges bench was unable to come to any conclusion and that too for Magistrate Order to collect the voice sample of the accused for checking and confirming the voice recording produced in the court as that of the accused in a criminal complaint case. A three judge bench was recommended to be formed to decide this issue and that three judges bench till date has not come to any conclusion next date of hearing is on 12.12. 2017 in the Supreme Court.
Secondly the voice sample you are talking is to be taken for proving the voice recording to be used in the civil case for which there as such no provision under the Civil Procedure Code, so it is not possible for you get order of the court to force her to give voice sample in order to prove the recording to prove her abusive language on you.
Kumar...... (occupation ) 22 November 2017
but in the evidence act 65B it is nowhere mentioned that voice sample of the accused is required.