Legal validity of audio recording in mobile phone as evidence


Whether audio recording in mobile phones can be treated as a valid document in the eyes of law and can be lodged any case on that basis? Pls. Clarify.

Answers (3)


336 votes

Sir/Ma'am,

According to Information and Technology Act an audio recording can be an evidence in court as the case for other electronic record, which must be in original and not tampered with. So you can lodge any complain and thereby back your complaint during trial with such evidence if so be the necessity.


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113 votes

As per the IT Act, 2000, electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.
Therefore, an audio recording comes under the ambit of electronic record and is admissible.
Laws regarding electronic record and their admissibility are properly laid down in Section 65B of the Evidence Act. Any evidence for its admissibility before the Court of Law needs to go through the parameters of the Section 65B of the Evidence Act.

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113 votes

Yes it can be lodged but subject to seizure of the object from which it has been recorded and court will decide the same of its validity. You can lodge FIR before the police station with guidance of lawyers.

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