• Recording a meeting between two parties without consent

Municipality office held a meeting between two parties (A and B), and at the end of the meeting, party B told us he recorded the entire meeting using mobile and going to file a complaint against us in the police station because party B didn’t like the judgement, which he did after few hours. It was all verbal communication between party A and B and no harm was done to each other. Now my question is– can party B record the conversion without informing party A and the municipality officials? The municipality didn’t give any parties permission to record it. Again it was a meeting held at a municipality office and not at a public place. Both parties were called upon thereby a legal notice from the municipality.

I’ve already read about the right to privacy act, article 21 of the Indian Constitution, IT Act(66E. Punishment for violation of privacy) and some other articles on google. But none of them are very explanative to my situation. Please help. I'm also looking forward to hiring a lawyer if I feel l can file a case against party B.
Asked 6 years ago in Constitutional Law

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9 Answers

Hii, the recordings cannot be termed illegal , as he was a party to the meeting and no such privacy terms were decided in writing prior to the meeting ... However , if any illegal acts were discussed in a meeting then you should be more concerned about the acts, rather then the recording... 2) if no such illegal propaganda was there in the meeting , then he cannot do any possible harm with the recordings and there is no need to worry

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. To record conversations without letting anybody know about the same does not make the act illegal.

2. however that does not mean there is anything to be concerned about. unless B was intimidated in the meeting or threatened A has nothing to worry about nor the Municipal officers unless it is found they demanded bribe.

3. The right of privacy as statey the Supreme Court does not have blanket applicability in all circumstances.

4.if you elaborate further then more advice can be given.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Party B can record the conversation between A, B and municipal authorities

2) he has to prepare transcripts of conversations

3) it has to be be proved that voice is of the parties and it has not been tampered with or manipulated

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

1. Adverse possession is no ground to apply for mutation.Send RTI letter asking for his application details.

2. Challenge the mutation in court.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. The act of recording a conversation without the consent and knowledge of the person is not per se illegal. UNless there is an agreement between the parties which forbids the recording of the conversation, either party is free to record it.

2. Unless the conversation recorded by Party B incriminates you there shall be no cause to worry.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Apply for and obtain the certified copies from tehsildar's office.

2. Mutation cannot be applied on the strength of adverse possession.

3. Once you get the certified copies then challenge the mutation.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

you have to file RTI application with the muncipal corporation as to on what basis property has been mutated in favour of uncle

2)please note that mutation does not confer title to the property

3) it is only entry in revenue records for payment of taxes

4)your uncle cannot claim adverse possession against your father .

5) your father has to issue legal notice to uncle to vacate the property

6) if he refuses file eviction suit

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

While there have been a lot of concerns lately about efforts to misuse "wiretapping" laws that forbid any recordings of people without their knowledge, it appears at least a few courts are recognizing how silly that is.

The defendant must have the intent to use the illicit recording to commit a tort of crime beyond the act of recording itself."

That makes sense. The act of recording alone, shouldn't be a criminal act, as it really depends on what is being done with the recording. And, in an age where not only is recording everything easier, but for some becoming standard, requiring permission to record all audio seems like an outdated concept.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

If this property is in your father's name, then he should have the registered title documents in his possession.

Therefore he can very well issue an eviction notice instructing your uncle to vacate the property failing which your father would evict him from the property through court of law by due process of law.

The meeting with the municipal authorities and getting the papers for mutation done by your uncle is just waste of time, energy and money.

The solution for this shall be through court of law only and not by such private attempts.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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