What Is Admisable Evidence for Art Copywrite in Court
Question: Someone has threatened me of filing an FIR confronting me for an offence of cheating and forgery. He claims that he has recorded my conversation with him in a tape recorder. He too claims that he has recorded my phone conversations with him through his Android phone. Otherwise, he does non have any evidence to back up his merits. His only piece of testify is call recordings and voice recordings. Are such voice recordings open-door in evidence?
In the example of R.M. Malkani five. State of Maharashtra, (1973) 1 SCC 471 (at page 477) : AIR 1973 SC 157 : (1973) 2 SCR 417 : 1973 Cri LJ 228, the Supreme Court held equally under:
"Tape recorded conversation is admissible provided first the conversation is relevant to the matters in effect; secondly, there is identification of the vox; and, thirdly, the accuracy of the tape recorded conversation is proved by eliminating the possibility of erasing the record record. A contemporaneous tape tape of a relevant conversation is a relevant fact and is admissible under Section eight of the Evidence Act. It is res gestae. It is too comparable to a photograph of a relevant incident. The record recorded conversation is therefore a relevant fact and is open-door under Section seven of the Evidence Human activity."
In fact, in the above R.M. Malkani case, the Supreme Courtroom also observed that there is warrant for proposition that even if such prove is illegally obtained, it is admissible.
In the instance of Ram Singh v. Col. Ram Singh, 1985 Supp SCC 611 (at folio 623) : AIR 1986 SC 3, Justice Due south. Murtaza Fazal Ali held that the atmospheric condition for admissibility of a record-recorded argument may exist stated as follows:
"(1) The phonation of the speaker must exist duly identified by the maker of the record or past others who recognise his voice. In other words, it manifestly follows as a logical corollary that the showtime status for the admissibility of such a argument is to place the voice of the speaker. Where the voice has been denied by the maker it will crave very strict proof to determine whether or not it was really the vocalism of the speaker.
(two) The accuracy of the tape-recorded statement has to be proved by the maker of the record by satisfactory evidence — direct or coexisting.
(3) Every possibility of tampering with or erasure of a role of a record-recorded argument must be ruled out otherwise it may render the said argument out of context and, therefore, inadmissible.
(iv) The statement must be relevant according to the rules of Evidence Act.
(5) The recorded cassette must be carefully sealed and kept in safe or official custody.
(6) The voice of the speaker should be clearly audible and non lost or distorted by other sounds or disturbances."
In the same instance ( Ram Singh v. Col. Ram Singh ), Justice A. Varadarajan held that tape-recorded bear witness is open-door provided that the originality and the authenticity of the tape are free from dubiety. As well, Justice Sabyasachi Mukharji held that almost the credence and reliability of evidence on tape-recording, one should proceed very cautiously, and that in this connectedness on the analogy of mutilated document if the tape-recording is not coherent or distinct or clear, this should not be relied upon.
Other relevant cases in this regard are: (1) N. Sri Rama Reddy v. V.V. Giri, (1970) 2 SCC 340 : (1971) 1 SCR 399; (2) Yusufalli Esmail Nagree v. Country of Maharashtra, AIR 1968 SC 147 : (1967) three SCR 720; (3) S. Pratap Singh v. State of Punjab, AIR 1964 SC 72 : (1964) 4 SCR 733, in which the Supreme Courtroom had accustomed chat or dialogue recorded on a record recording machine as admissible bear witness.
It may be pointed out that a vocalization recording or a call recording may now be termed every bit "electronic records" and their admissibility in prove is at present governed by Section 65-A and Section 65-B of the Evidence Human action, which are reproduced as under:
"65-A. Special provisions as to bear witness relating to electronic record.—The contents of electronic records may be proved in accord with the provisions of Department 65-B.
65-B. Admissibility of electronic records.—(one) Notwithstanding annihilation contained in this Deed, any information contained in an electronic record which is printed on a newspaper, stored, recorded or copied in optical or magnetic media produced by a reckoner (hereinafter referred to every bit the computer output) shall be deemed to be as well a document, if the atmospheric condition mentioned in this section are satisfied in relation to the information and estimator in question and shall exist admissible in any proceedings, without further proof or production of the original, as evidence of whatsoever contents of the original or of any fact stated therein of which straight evidence would be open-door.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall exist the following, namely—
(a) the estimator output containing the information was produced past the computer during the catamenia over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period past the person having lawful control over the use of the computer;
(b) during the said period, data of the kind contained in the electronic record or of the kind from which the information so independent is derived was regularly fed into the computer in the ordinary form of the said activities;
(c) throughout the fabric function of the said menstruum, the calculator was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that role of the menstruum, was not such equally to bear upon the electronic tape or the accuracy of its contents; and
(d) the information contained in the electronic tape reproduces or is derived from such data fed into the reckoner in the ordinary course of the said activities.
(three) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period equally mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—
(a) by a combination of computers operating over that period; or
(b) by unlike computers operating in succession over that catamenia; or
(c) by different combinations of computers operating in succession over that menses; or
(d) in any other manner involving the successive operation over that menses, in any order, of one or more than computers and one or more combinations of computers,
all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a figurer shall be construed appropriately.
(four) In any proceedings where information technology is desired to give a statement in evidence past virtue of this department, a document doing any of the following things, that is to say,—
(a) identifying the electronic record containing the statement and describing the mode in which it was produced;
(b) giving such particulars of any device involved in the production of that electronic tape as may exist appropriate for the purpose of showing that the electronic tape was produced past a computer;
(c) dealing with whatever of the matters to which the conditions mentioned in sub-section (2) relate,
and purporting to be signed by a person occupying a responsible official position in relation to the performance of the relevant device or the direction of the relevant activities (whichever is appropriate) shall be show of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
(5) For the purposes of this department,—
(a) information shall be taken to exist supplied to a reckoner if information technology is supplied thereto in any appropriate course and whether it is so supplied directly or (with or without man intervention) by means of any appropriate equipment;
(b) whether in the course of activities carried on by any official, data is supplied with a view to its being stored or processed for the purposes of those activities past a estimator operated otherwise than in the course of those activities, that data, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;
(c) a figurer output shall be taken to have been produced by a computer whether it was produced past it directly or (with or without human being intervention) by means of whatsoever advisable equipment.
Explanation.—For the purposes of this section any reference to information being derived from other information shall exist a reference to its being derived therefrom by calculation, comparison or whatever other process."
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