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Audio evidence recorded on phone but not a call recording


29-Dec-2023 (In Child Custody Law)
I have recorded some abusive behavior of my inlaws using the record option in my phone. (The conversation took place in person and is not a phone call). Is this admissible as evidence in court. Should I transfer it to a CD and submit in court? Should I separately prove its authenticity ie its not tampered and the voice is of my inlaws etc. How do I prove this
Answers (2)

Answer #1
939 votes
Yes, it s admissible in evidence as per section 65A of the Indian Evidence Act read with section 2(1)t of the Information Technology Act. But the condition that voice of the alleged speaker must be duly identified by who regognise her voice. The acuuracy of the voice record have to prove by you by the satisfactory evidence and circumstantial. You have to transfer it to the CD by the authorised centers because I future you may called them as witness. In your affidavit you have mentioned all these incidents clearly and to have state about the audio record. Then only you can use the same during the court trial.
Answer #2
695 votes
HELLO !
Your recording of audio should synchronize with the petition averment for the case you refer. Only when your complaint in the

petition tally with your audio recording the court may admit such evidence . Normally court doesn't admit audio voice, for the

simple reason very often it is very often either imitated or tampered to suit the convenience of the contesting litigants.

For more information please contact me.

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