• Audio recordings document

Whether an audio recordings in mobile phone can be a legal documents in the eye of law? A well known person took a personal loan from me 4 months ago with a condition to repay by one month notice and payment of 2% monthly interest on the loan amount every month. Now he denied to repay both principal and Monthly interest.I have only the audio recording in my mobile where he acknowledged that he took the loan but at present he became unable to repay including monthly 2% interest and there is no written documents.Can I take the shelter of court on the basis of audio recording? If the accused deny that it is not his own voice then what will be my next step?
Asked 1 year ago in Civil Law from KOCH BIHAR, West Bengal

Yes audio recording is admissible in evidence but it needs to be in a CD and with a certificate issues by person who writes it into CD. Please refer section mentioned below.

Section 65B in The Indian Evidence Act, 1872

1[65B. Admissibility of electronic records.—

(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—

(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;

(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;

(c) throughout the material part of the said period, the computer 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 part of the period, was not such as to affect the electronic record or the accuracy of its contents; and

(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.

If accused denies it's not his voice you can seek court to take help of FSL to prove its his voice if you have filed civil suit get court commissioner appointed.

If you have anything in writing to show he took money from you and signed by him you can file for recovery or if he has advanced any blank cheque get it dishonored and file a suit

Swarnarka Chowdhury
Advocate, Mysore
1777 Answers
4 Consultations

5.0 on 5.0

Dear Client,

U can recover through civil court.

Oral admissions as to the contents of electronic records are not relevant unless the genuineness of the electronic record produced is in question. Therefore, the first prerequisite for admission of any electronic record is its genuineness.

As per the provision of IT Act, electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.

Audio Recordings are admissible as document in Indian Courts, if they fulfill certain conditions as laid down by Apex Court in Ram Singh V Col. Ram Singh AIR 1986 SC 3

U/s sec 65B of Indian Evidence, it`s admissible in evidence, but should be clearly audible.

Yogendra Singh Rajawat
Advocate, Jaipur
14414 Answers
19 Consultations

4.6 on 5.0

Hello,

You will have to file an affidavit under 65B alongwith the said evidence. The same needs to be corroborated and is an admissible evidence.

Anilesh Tewari
Advocate, New Delhi
17241 Answers
266 Consultations

5.0 on 5.0

Before filing the summary suit, you must send a legal notice to the concerned person. You must have hope that you will be able to recover your money be legal proceedings.

Also you can register an FIR against him

Anilesh Tewari
Advocate, New Delhi
17241 Answers
266 Consultations

5.0 on 5.0

According to supreme Court audio recording is not a valid evidence against the accusing person

Prabhakaran Vasudevan
Advocate, Chennai
17 Answers
1 Consultation

4.0 on 5.0

Audio tape can indeed be a legal documents if the saame is formally proved.

1. To formally prove or exhibit this tape one has to send this first to the Forensic Science Laboratory tp get certificate that the tape is genuine and not doctored.

2.This process is not required if the other party does not dispute its authenticity on which event you need to only certify the tape as per provision of section 65B of the Indian Evidence Act.

3.Please note that even if the tape is exhibited without the admitted voice sample of another person the court may not give much credence to such electronic evidence.

Devajyoti Barman
Advocate, Kolkata
18099 Answers
260 Consultations

5.0 on 5.0

If it is regarding recovery of money then file a civil suit for recovery of money and produce eye witness to prove payment of money.

Devajyoti Barman
Advocate, Kolkata
18099 Answers
260 Consultations

5.0 on 5.0

1) Yes, you can file a case against that person, however it should get proved in the court of law as evidence of that person's audio voice.

2) If you have taken any bank cheque or promissory note or any other documents against the personal loan.

Ganesh Kadam
Advocate, Pune
8142 Answers
68 Consultations

4.9 on 5.0

Mobile conversation alone shall not help establish the factum of lending and borrowing. Documentary evidence has to be submitted to substantiate the elements of lending and borrowing.

Rajaganapathy Ganesan
Advocate, Chennai
1578 Answers
8 Consultations

4.9 on 5.0

audio recordings are admissible in evidence

2) you can prepare transcripts of the audio recordings and enclose it in your suit proceedings

3) merely on basis of audio recordings you would not get a decree

Ajay Sethi
Advocate, Mumbai
68775 Answers
4139 Consultations

5.0 on 5.0

how was money advanced? by cash or cheque?

2) you must have your bank statement which proves transfer of funds

3)issue your friend notice to repay money with interest as agreed

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
68775 Answers
4139 Consultations

5.0 on 5.0

Yes, you can file a complaint case before the court against the person who is a defaulter.Audio recording is a relevant document which is recorded in the court. It's a relevant evidence.According to 65B of Indian Evidence Act defines that audio recording is treated to be a relevant evidenc.

Bindu Gogoi
Advocate, Guwahati
72 Answers
2 Consultations

4.8 on 5.0

Hi, yes the electronic recordings are admissible in court as evidence .. File a suit for recovery to Claim back your money

Hemant Chaudhary
Advocate, Gurgaon
4305 Answers
31 Consultations

4.9 on 5.0

Audio recordings are not admissible as primary evidence in court of law.

You have to depend on the mode of payments made to him

T Kalaiselvan
Advocate, Vellore
58597 Answers
742 Consultations

5.0 on 5.0

You approach police with a cheating complaint which will give him some fear and there are chances for recovery.

T Kalaiselvan
Advocate, Vellore
58597 Answers
742 Consultations

5.0 on 5.0

Mediation.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

It is a valid proof but you need to prove the genuineness of the audio recording in Court. You need other document of lending money to him as well

Prashant Nayak
Advocate, Mumbai
14277 Answers
24 Consultations

4.6 on 5.0

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