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Phone call recording for evidence whether legal in India
24-Jan-2023 (In Criminal Law)
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 & can call recording be used as evidence in india? 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.
Electronic recording is admissible valid piece of evidence under section 65B of the Evidence Act with certificate of its validity to be given along the actual recorded conversation.
However certificate from forensic laboratory of its authenticity will also be required. The Court can order for the forensic report about the recording of the persons done by this medium and the voice sample of the persons has to be taken for getting authentic report from the forensic laboratory .
The issue, can the persons whose voices are said to be recorded be forced to provide their voice sample is a question that is still not decided by the Supreme Court in one such case. There is no law under which the voice sample can be taken forcibly by the police of the persons who are accused in criminal offence, considering this the recording done by your wife of you and your mother and other family members from cell phone will be hardly be of much help to her in her criminal complaint case. The Constitutional provision that an accused cannot be forced to give evidence against him will be there for you people to defend your wife's this attempt and this will fail her evidence against you in the criminal proceedings.
However certificate from forensic laboratory of its authenticity will also be required. The Court can order for the forensic report about the recording of the persons done by this medium and the voice sample of the persons has to be taken for getting authentic report from the forensic laboratory .
The issue, can the persons whose voices are said to be recorded be forced to provide their voice sample is a question that is still not decided by the Supreme Court in one such case. There is no law under which the voice sample can be taken forcibly by the police of the persons who are accused in criminal offence, considering this the recording done by your wife of you and your mother and other family members from cell phone will be hardly be of much help to her in her criminal complaint case. The Constitutional provision that an accused cannot be forced to give evidence against him will be there for you people to defend your wife's this attempt and this will fail her evidence against you in the criminal proceedings.
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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
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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Adv. Suksham Aggarwal
Ambala | 100+ Answers
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