Can Call Recoding Over Phone be Used as an Evidence in Court? – Indian Judiciary

Table of Contents

Is Phone Recording Admissible Evidence in Court?

A Call Recording falls within the ambit of an Electronic Record
‘Electronic Record’ is Not defined under the Indian Evidence Act,
Section 2(t) of the IT Act, 2000, defines an- ‘electric record’ as data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.

Later on

Section 65A and 65B were added in the Evidence Act in 2000 which talk about the admissibility of the Electronic Evidence in the Court of law.
M. Malkani vs State of Maharashtra 1973
A tape recorded conversation is contemporaneous relevant evidence and therefore it is admissible.
It should not be tainted by coercion or unfairness. There is no reason to exclude such evidence.
If the conversation is voluntary and there is no compulsion, the attaching of the tape recording instrument, though unknow to the person whose conversation is recorded, does not render the evidence of conversation inadmissible. The conversation should not have been extracted under duress or compulsion.

Also placed some other conditions-

Recorded Conversation should be Relevant to matter in issue.
The Voices in the Conversation should be identifiable with the person whose voice it is claimed to be.
Conversation should be intact and the recorder should not have been manipulated.
SC Held that it is comparable to a Photograph of a relevant incident.
Section 65B Lays down certain conditions for Electronic Evidence to be Admissible
The computer source containing the information, which is being produced as evidence must have been in regular use.
the kind of information contained in the electronic record must have been regularly and originally fed into the computer
the computer was operational properly through out significant period of the time for which it has been under use, so that , the accuracy of the contents of the electronic record must not be effected
According to section 65B (4), if evidence is adduced before a Court under this section, then a certificate stating the following needs to be furnished-
Identifying the Electronic Record containing this Statement
Describing the Manner in which the electronic Record was produced
Furnishing the particulars of the device involved in production of that record.
Must be signed by a person occupying a responsible official position in relation to the operation of relevant device.

Anwar PK vs PK Basheer 2014

If the Original Electronic Record itself is produced before the court as evidence, it Need Not to be supported by Certificate.
Only those Electronic Records which are Secondary – print-outs, original copies of CDs, pen drives or other digital storage devices are to be certified where the conditions contained as per 65B (4)