MODES OF CALL RECORDINGS ACCEPTED BY COURT


Posted On : October 25, 2022
MODES OF CALL RECORDINGS ACCEPTED BY COURT
The recording of evidence reveals the strength of judgement. Numerous essential aspects of criminal and civil trials include how evidence is collected and recorded. Through the sight of the trial judges, the court examines the evidence and renders decisions on the cases. The presiding judge may examine the evidence presented by both parties. A judge should be well-versed in the law and skilled in keeping evidence records and safeguarding innocent parties. The foundation of an investigation is the initial crime scene recording. There are many different sources of evidence, ranging from examining witnesses to checking and assessing tangible items found during the case.Even connections between people, places, and things within the crime's timeline of events might be included. The court can deduce conclusions and prove the charge beyond possible suspicion using various pieces of evidence.
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A court's responsibility is to discover the truth and further the interests of justice. Courts give precise, relevant facts and evidence that is recorded in a way to uncover the truth.

Understanding 'Evidence'

Evidence is defined as follows in Section 3 of the Indian Evidence Act:

  1. All declarations that witnesses are allowed or must make in front of the court concerning the facts being investigated; these statements are referred to as oral evidence; and
  2. All documents, including digital records, that are produced for the court's inspection; these documents are referred to as documentary evidence.

 

Three main principles serve as the foundation of evidence law:

  • Evidence should be concerned with the issue in the case;
  • Unsubstantiated evidence is not admissible as evidence, and
  • There should always be an effort to present the most substantial possible proof in every circumstance.

 

Section 275(1) of the Code of Criminal Procedure, 1973 states that in all warrant cases, the testimony of each witness must be recorded in writing either by the Magistrate, at his order, or if he is physically or mentally incapable of doing so, by an officer of the court who he has designated to act on his behalf. The Magistrate must sign and record the memorandum of the substance of the evidence in the court's official language as per section 274. Section 273 specifies when the suspect's personal attendance is waived, it is required that all evidence be documented in his presence and the appearance of his pleader as long as the audio-visual evidence of witnesses used in this subsection is recorded.

 

R v. Daye (1908)

The court noted that the rungs bakers and milkmen carved into the wood to denote the quantity of bread or milk supplied are documents. Paper is not the only surface that can be inscribed with writing or marks. The term "document" refers to writings, words in pictures, maps, arrangements, and manuscripts on metallic surfaces.

 

The Magistrate is allowed by Section 275 (3) to record the evidence as a set of inquiries and answers. The recording of evidence presented to the session court must comply with Section 276 and take the form of a narrative. Any piece of evidence that the presiding officer chooses to record in the manner of a query and answer must be signed by him.

 

An essential component of a trial is the examination and cross-examination of witnesses. Witness testimonies are among the most trustworthy forms of evidence because the person providing the testimony saw the incident firsthand—the Evidence Act of 1872's Sections 135 to 165 address the questioning and cross-examining of witnesses.

Evidence is only legally valid under Section 5 of the Evidence Act of 1872 when used to support a material fact in the case. The court must agree that the evidence is pertinent and set up the relevant fact at issue for it to be admitted in court. Section 8 further stipulates that the judge may inquire of the parties as to whether or not the evidence they have presented relates to a relevant fact.

 

Call Recordings

Conducting our business over telecom services has become both convenient and volatile in recent years due to the rapid expansion of the technological sector. According to Section 5(2) of the Indian Telegraph Act of 1885, both the Central and State governments have the authority to record telephone conversations. In accordance with Section 65B of the Indian Evidence Act, electronic evidence is a novel way to present evidence to the court.

 

The meaning of an electronic record in Section 2 of the Information Technology Act, 2000 specifies that it includes sound that has been stored, obtained, or sent electronically. Furthermore, the law governing the modification of recorded digital evidence is covered by Section 85B of the Indian Evidence Act, 1872. A digital signature serves as a gauge for this electronic document's reliability and validity. To sign the document, the signature must be appended.

 

S. Pratap Singh v. the State of Punjab (1964)

The Supreme Court accepted a telephone recording of a conversation between two parties in this case after considering the significance of taped conversations as evidence. The conversation that the parties claimed to have had was later illegally acquired and admitted into evidence. Only because they aided in the prosecution's case for conviction did the court accept illegally obtained taped conversations. Only because it assisted in settling the case was the provided evidence accepted.

 

Rayala M. Bhuvaneswari v. NagaphamenderRayala (2008)

The petitioner asked for his wife's divorce based on a hard disk containing recordings of his wife's phone calls with her family. Even though the wife disagreed with some of the material of the recordings, the court ruled that the marriage between the husband and wife is sacred and that the husband's call recording violates the wife's right to personal liberty and privacy. Law enforcement viewed the husband as a criminal because he used illegal methods to get divorce evidence. In addition, he recorded her calls without her permission, which is unlawful and indecent. The judge ruled that marriage is no longer necessary since the husband cannot respect the wife.

 

The recording of evidence reveals the strength of judgement. Numerous essential aspects of criminal and civil trials include how evidence is collected and recorded. Through the sight of the trial judges, the court examines the evidence and renders decisions on the cases. The presiding judge may examine the evidence presented by both parties. A judge should be well-versed in the law and skilled in keeping evidence records and safeguarding innocent parties. The foundation of an investigation is the initial crime scene recording. There are many different sources of evidence, ranging from examining witnesses to checking and assessing tangible items found during the case.Even connections between people, places, and things within the crime's timeline of events might be included. The court can deduce conclusions and prove the charge beyond possible suspicion using various pieces of evidence.


Written By:
Kishan Dutt Kalaskar Retired Judge

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