Metrimonial case
6 years ago
If I have audio recordings of my husband abusing me n my children, abusing my parents and brothers will these recordings b helpful for my case. I filed case for domestic violence n maintainance. I have medical records. For already done. 498, 323 etc already done in fir. Kindly confirm about audio recordings.
A.Dear client,
Voice recordings are not separately mentioned in the Indian Evidence Act 1872, but it still falls under the category of oral evidence. So yes the audio recordings can be of help in making your case stronger. Section 3 of the Indian Evidence Act gives us the definition of evidence that is "Statements that the court permits or requires to be made before it". Further section 59 of the act states that all facts, except admissions, must be proved by oral or documentary evidence.
There are a few things one has to keep in mind when relying on audio evidence such as:
(i) Relevance: the audio recording should be directly linked to the case, relevancy of the audio recording plays an important role in its admissibility in a court of law.
(ii)Authenticity: The court needs evidence that the recording is authentic and not tampered and the burden to prove the authenticity falls on the person relying on audio recordings.
(iii)Compliance with law: To ensure the integrity of electronic evidence, including voice recordings, Section 65B of the Indian Evidence Act imposes certain procedural requirements which are needed to be followed.
Thank you,
Hoping that your doubt has been resolved.
Voice recordings are not separately mentioned in the Indian Evidence Act 1872, but it still falls under the category of oral evidence. So yes the audio recordings can be of help in making your case stronger. Section 3 of the Indian Evidence Act gives us the definition of evidence that is "Statements that the court permits or requires to be made before it". Further section 59 of the act states that all facts, except admissions, must be proved by oral or documentary evidence.
There are a few things one has to keep in mind when relying on audio evidence such as:
(i) Relevance: the audio recording should be directly linked to the case, relevancy of the audio recording plays an important role in its admissibility in a court of law.
(ii)Authenticity: The court needs evidence that the recording is authentic and not tampered and the burden to prove the authenticity falls on the person relying on audio recordings.
(iii)Compliance with law: To ensure the integrity of electronic evidence, including voice recordings, Section 65B of the Indian Evidence Act imposes certain procedural requirements which are needed to be followed.
Thank you,
Hoping that your doubt has been resolved.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client in your case Yes it can but depends upon the judge who is presiding the case. Since it is a circumstantial evidence.
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NILANJAN CHATTERJEE
Responded 6 years ago
A.Yes it can but depends upon the judge who is presiding the case. Since it is a circumstantial evidence.
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