Can mobile recordings can be used as evidence

837 votes

Yes it is line on which io must act coz the whole case stands on it. If he is not performing then complianant can take it criminal pvt complaint n can prove by witnesses n conversant itself . so it is duty of police to do it n once it is police matter.
Feel free for any more query on the subject .
Regards

Advocate Rajinder Raina LawRato

951 votes

Sir

Voice Records of speeches are "documents" as defined in Section 3 of Evidence Act. Investigating Officer is duty bound to collect such voice records, as evidence in proof of the charge u/s 506 of ICP.

Though Voice Records is admissible in evidence, however, such Voice Record Evidence satisfy the following standard of proof about its authenticity and accuracy. Voice records of speeches are admissible in evidence on satisfying the following conditions:

(a) The voice of the person alleged to be speaking must be duly identified by the maker of the record or by others who know it;

(b) Accuracy of what was actually recorded had to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, had to be there so as to rule out possibilities of tampering with the record;

(c) The subject-matter recorded had to be shown to be relevant according to rules of relevancy found in the Evidence Act

So the IO is supposed to collect this evidence, and at the same time send it for forensic analysis to get the certificate of accuracy of such voice records.

Should you have any questions, then feel free to contact.

Advocate Vivek Mapara LawRato