Many times, to collect evidence against someone, we have to do some things which are not legal. Understand it like this, if someone is threatening you over the phone or openly and you want to record that threat. But if you want to record in such a way that he does not know, then you will do this work secretly.
However, doing so is a crime by law. That means you cannot call or record anyone without their permission. Now in such a situation, if such a recording is presented in a case, will the court consider it as true evidence? Let us tell about it in detail.
First understand the Indian Evidence Act
The types of evidence and the rules for their acceptance are written in the Indian Evidence Act, 1872. Under this Act, all types of evidence, which are legally admissible, can be presented in the court. However, when it comes to illegal recording, there are certain things that need to be kept in mind.
These two sections also need to be kept in mind
Under Section 65B of the Indian Evidence Act, for electronic evidence to be presented in court, it is necessary that it has been collected properly. That means, if any recording has been made, its authenticity will have to be proved in the court. In simple language, it has to be shown that there has been no tampering in the recording and it has been recorded under proper procedure.
Similarly, under Section 71, the admissibility of evidence presented in the court is determined. If the recording is recorded illegally, it will not be recognized in court. However, in some cases the court also recognizes such recordings as evidence.
In the year 2023, in one of its decisions on August 30, the Lucknow Bench of Allahabad High Court had said that now illegal phone recordings can also be presented in the court as evidence. However, in this case it was about illegal phone recording, not visual recording.
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