Is audio recording of another person without his consent illegal ?


Is a person allowed to do audio recording of other people/police without their consent? Can it be used as an evidence?

Answers (3)


224 votes

A person who have given you threat on phone and you have the recording facility in your phone then that can be produced as evidence in court. Court will ensure the measures of authenticity of that audio.


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53 votes

Sir

Under the Law, there is no embargo on making such Audio Recording. Any such piece of recording can be used as an Evidence, subject to it complying with other requirements under the Evidence Act, pertaining to its admissibility and authenticity.

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142 votes

It is immaterial how evidence is obtained. It may be a case that one is breaking some law but that does not mean that evidence so obtained is not admissible. That person can be charged with the other offence separately.

Besides, the law does not stipulate that participant should be informed about recording been done. Anything which is not illegal is legal.

Madras High Court has dealt this question and decided

"A tape recorded conversation is contemporaneous relevant evidence and therefore it is admissible. It is not tainted by coercion or unfairness. There is no reason to exclude this evidence.
If the conversation is voluntary and there is no compulsion, the attaching of the tape recording instrument though unknown to the person whose conversation is recorded does not render the evidence of conversation inadmissible. The conversation cannot be said to have been extracted under duress or compulsion. Tape recording a conversation is a mechanical contrivance to play the role of an eavesdropper."

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