Phone call recording for evidence whether legal in India


Got married in dec. 2014 and wife left home dec. 2015 and now she has filed DV act ,498A & crpc 125 case against me, mother & Elder Brother. After marriage she inserted memory card in mother phone and changed settings to "Automatic call recording ON" & started daily fighting with us with abuse language to provoke us for domestic violence but we didnot do anything with her & mother shared all these things with elder brother on phone & she took those recordings and now she is planning to use those recordings in court as evidence. She did recordings upto 7-8 months without permission. Recordings like this is legal in India & should be treated as legal evidence in Court? Laws to show recordings like this is illegal in India? Laws by which we can treat recordings illegal these recordings? What counter cases we can file for these illegal recordings? Kindly give legal opinion/advice. Highly thankful for your support.

Answers (1)


238 votes

Hi
You should take an immediate action against your wife alleging that she has defamed you and hindered your privacy by keeping a record of your call after you both were separated. Also your mother and brother can file cases for harassment and mental agony against your wife. The call recordings can be taken as evidence 8n the court if they prove something substantial related to the case


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