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Video audio as witness
5 years ago
I've filed a crimal case against my in law family on base on mobile audio recording n video recording. I didn't tamper without those recordings.i can give written confirmation. can I use its as my evidence
Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client Yes it is valid evidence.admissible in court as well.
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Rajender Prasad
Responded 5 years ago
A.you have not mentioned the full facts of the case, Any how you submit you audio and video after sending to the Lab, HYDERABAD AND CONFIRMING NO TAMPERING REPORT, IRT WILL BE TAKEN AS AN EVIDENCE.
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ARPIT BATRA
Responded 5 years ago
A.Definitely, you can..If need be, get its authenticity checked by a FSL.
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Sanat Halder
Replied 5 years ago
Is it lengthy procedure means FSL' s checking
ARPIT BATRA
Replied 5 years ago
You can contact us for the same.
A.Yes it is valid evidence
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Vishwabandhu
Responded 5 years ago
A.Dear Client Make a CD of those recordings and submitt it to Police where u lodged FIR. They can use it. But is very weak evidence . U will have to produce sufficient oral and d0cumentary evidence at the time of trial. CD and audio recordings can be tempered so Court does not trust it.
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Neeraj Kumar
Responded 5 years ago
A.These pieces of evidence can be used in the proceedings and only on the discretion of the court.
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Rameshwar Dadhe
Responded 5 years ago
A.Yes. Absolutely
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A.Dear Client,
Audio Recordings are admissible as document in Indian Courts, if they fulfill certain conditions as laid down by Apex Court in Ram Singh V Col. Ram Singh AIR 1986 SC 3.
This is the rule in Civil, Criminal, and Family Court proceedings. If the audio recording is not admissible, the Family Court judge in a custody case may not use the recorded audio to help determine custody. A tape recording of a telephone conversation without a warrant is wiretapping.
This is the rule in Civil, Criminal, and Family Court proceedings. If the audio recording is not admissible, the Family Court judge in a custody case may not use the recorded audio to help determine custody. A tape recording of a telephone conversation without a warrant is wiretapping.
According to law in India, different states have different rules regarding this issue.
Most states permit filming on duty officer but few won't.
My simple answer would base on two probable practical situations,
its up to you to choose wisely.
• If a poice man is taking bribe or doing anything against law than yes, you can film, without consent. so basically when it come to morality ,there is no reason not to video a police officer on duty.
• If police men is not doing anything wrong morally, then we should respect his privacy.
The top court's clarification on section 65B of Indian Evidence Act, which deals with admissibility of electronic evidence in court proceedings, will have an impact on criminal trials, where an increasing number of call details records, CCTV footage, mobile video recordings and CDs are being relied upon.
Interpreting section 65B(4) of the Evidence Act, a bench of Justices A K Goel and U U Lalit said the provision should be applied only when such electronic evidence is presented by a person who is in a position to produce such certificate.
Section 65(B) of Indian Evidence Act says that electronic records needs to be certified by a person occupying a responsible official position for being admissible as evidence in any court proceedings.
The top court, while examining the issue of video recording of crime scene in the country, dealt with the question if electronic evidence can be admissible for reliance in judicial proceedings.
Shanti Ranjan Behera,Advocate
Audio Recordings are admissible as document in Indian Courts, if they fulfill certain conditions as laid down by Apex Court in Ram Singh V Col. Ram Singh AIR 1986 SC 3.
This is the rule in Civil, Criminal, and Family Court proceedings. If the audio recording is not admissible, the Family Court judge in a custody case may not use the recorded audio to help determine custody. A tape recording of a telephone conversation without a warrant is wiretapping.
This is the rule in Civil, Criminal, and Family Court proceedings. If the audio recording is not admissible, the Family Court judge in a custody case may not use the recorded audio to help determine custody. A tape recording of a telephone conversation without a warrant is wiretapping.
According to law in India, different states have different rules regarding this issue.
Most states permit filming on duty officer but few won't.
My simple answer would base on two probable practical situations,
its up to you to choose wisely.
• If a poice man is taking bribe or doing anything against law than yes, you can film, without consent. so basically when it come to morality ,there is no reason not to video a police officer on duty.
• If police men is not doing anything wrong morally, then we should respect his privacy.
The top court's clarification on section 65B of Indian Evidence Act, which deals with admissibility of electronic evidence in court proceedings, will have an impact on criminal trials, where an increasing number of call details records, CCTV footage, mobile video recordings and CDs are being relied upon.
Interpreting section 65B(4) of the Evidence Act, a bench of Justices A K Goel and U U Lalit said the provision should be applied only when such electronic evidence is presented by a person who is in a position to produce such certificate.
Section 65(B) of Indian Evidence Act says that electronic records needs to be certified by a person occupying a responsible official position for being admissible as evidence in any court proceedings.
The top court, while examining the issue of video recording of crime scene in the country, dealt with the question if electronic evidence can be admissible for reliance in judicial proceedings.
Shanti Ranjan Behera,Advocate
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