How to Prove Mobile Recording in the Court
Вставка
- Опубліковано 28 вер 2024
- Recording the voice/video communications have become necessary particularly where the proving of the facts in relation to the disputes whether commercial, personal or legal etc. The various issues as to the admissibility, authenticity, veracity or reliability arises and it has been seen in various cases that in absence of proper presentation, the best of evidence fails in the court. The issues which arises as to in what circumstances these voice/video recordings are admissible, whether original mobile phone is required to be preserved, retained or produced in the court of law.
Neeraj Aarora
CISSP, CISA, CFCE, FCMA, CFE
LinkedIn : / neerajcyberlawyer
Facebook : / neerajcyberlawyer
What if the opposite party claims that it is only partial recordingof conversation
No words for such help thank you
sir aap great ho aapke jaise logo ki jrurat hai is desh ko.....plz mere kuch sawal hain (Que: ydi android phone me audio and video recording kiya gya ho aur jaisa aapne btaya ki directly memory card me store hona chaiye ydi aisa settings phone me kr le ki kuch v audio aur video direct sd card me save ho aur pandrive me usko copy krke 65B ka certificate ke sath ydi pesh kre tb ydi opposite party original inspect krna chahta hai tb us case me phone ka memmory card phone se alag krke de dene se wo sufficient proof hai ya fir us particular phone ko bhi sambhal kr rkhna jruri hai???? plz reply sir plz
yes, you can save in a memory card and preserve the memory card which would be primary evidence u/s 62 of the Evidence Act.
Neeraj Aarora ok sir thank you so much.....sir kuch phone me voice recorder pahle se pre install hoye hain ayr kuch me playstore se jakar download krna hota hai so mere phone me pahle se nhi hai so playstore se third party application downlaod krenge to wo admisible hoga na??? application kaisa hona chaiye ye koi zikar nhi hai na court of law me?? koi bhi voice recorder ka application jisme memory card me save ka option ho wo admisible hoga na sir plz reply??
Sir, what will happen if the Police file photographs of crime scenes? Are they required to present it in CDs or is the phone required to be produced during the evidence stage?
If anybody producing a audio recordings and one person is talking and abusing and not recorded and when the other person abusing recorded and submitted in the court. How to fight on that circumstances
Wonderful!A big round of applause for making such nice videos 👏👏👏👏👏👏👏👏👏👏👏👏👏👏👏👏👏👏👏👏👏👏. Thank you for sharing your precious knowledge sir.Take care😊🤗🤗🤗🤗
Thanks, you can access further material at wwww.cyberpandit.org.
Sir aap kya Indian Law hi pdhate h ...jaise ki mera mtlb aap dusra country ka law nhi na pdhate h plzzz sir reply me
How to get ..expert opinion..where do we get it
Sir, will audio/voice recording done through mobile also falls under this category. I am not talking about the ''phone call'' recording. I am talking about recordings done through ''recorder'' option in mobile phone'. Just to clarify myself. Thankyou
Yes
Very much valuable information for IOs to follow SOP
Sir how and where to get certificate for call recording evidence which we have for evidence?
Excellent contribution and well explained. It's very useful, pls keep sharing valuable information
Thanks. You can find further material www.cyberpandit.org
Sir, who would issue the certificate u/sec 65b in respect of audio/video in a mobile for proving in court.
Do you need consent for call recording? Or can a call be recorded without consent
Dear sir, what if the original voice recordings are copied (cut and paste)from phone to PC and from PC to memory card. Will that be admissible in court of law?
yes, However there would be challenge doing cross-examination as to the integrity of the evidence during transfer. so, It is recommended that the data should be transferred from the mobile to memory card.
Sir ....can I submit the petition with out original source of evidence....nd show it during the time of evidence profing
sir who gives certificate u/a 65 b as I have video recording and to prove in court I am asking the particular person or department to whom I have to visit
You yourself can give if video is created by you and you are the owner/in-charge of the device from which the video is created.
Thank you sir..
Sir what about sexual video cases? Is it compulsory to submit the original video recording device...
Where can we find the expert who can give certificate for the authenticity of the said audio? What is the person called by designation or to whom we have to reach out to?
You can access various sample certificates at law.cyberpandit.org/performas/.
Respected sir ,
In check bounce cases , whether voice record will be evidence in court or not .If it means when we produce that CD to an court...what might be the other siders argument
Mainly the argument would be to challenge the authenticity and admissibility of the CD. However, it varies with the fact of the case and evidence which is available.
Sir kindly clarify if audio recordings from mobile phone is cut and pasted on a computer, can it be a admissible evidence?
May or may not admissible depending upon how you are proving the same in the court and what is challenge raised by the opposite party.
Thank u for your valible lesson sir
Sir sec 65B format link is there and such place on format also there its ok but
My question is who is certify and make the signature on the certificate?
The person who is in-charge of the computer can issue the certificate, for more detail you can go through cyberpandit.org/?article_post=admissibility-of-electronic-evidence-challenges-for-legal-fraternity
Sir, Can one party record without consent of another party.???
Party recording will talk caution way
Party unaware of recording talk casual ...
Can you please clarify below sir
From Wikipedia
In India, telephone tapping has to be approved by a designated authority. It is illegal otherwise.[12] The Central Government or State Government is empowered to order interception of messages per 12, section 5 of Indian Telegraph Act 1885.[13] Rule 419 and 419A sets out the procedure of interception and monitoring of telephone messages. There is a provision for a review committee to supervise the order of interception.
Phone tapping is permitted based on Court order only and such permission is granted only if it is required to prevent a major offence involving national security or to gather intelligence on anti-national/terrorist activities.
Though economic offences/tax evasion were initially covered under the reasons for interception of phones, the same was withdrawn in 1999 by the Government based on a Supreme Court order citing protection to privacy of the individual.
As per Rule 428 of the India telegraphic rules, no person without the sanction of the telegraph authority, use any telephone or cause or suffer it to be used, purposes other than the establishment of local or trunk calls.
The Government of India instructions provide for approved attachments. There is no provision for attachment for recording conversation.
Interception is not permissible but recording on any one end can be done.
If I have a video file as a secondary evidence original also also I have and I want forensic certification for it whom should I talk or send it for certification?
get it forensically examined from some forensic lab and file it with certificate u/s 65B evidence act. Make sure to preserve the original.
you can get done forensic from www.cyberimmersions.com/digital-forensics/mobile-forensics/
Hello sir do we need to get recording transcript by any gov designated professional or any one can transcript it ?
Anyone can do it.
Great work sir.
Thank you very much for your good wishes!
Thank sir.it is very helpful.
Thankyou, you can access further material at wwww.cyberpandit.org
Dear sir it helps civil case
Thanks, you can access further material at wwww.cyberpandit.org.
Will it
make any difference in admissibility if the video was deleted and was later
retrieved by FSL.
Yes, someone please answer this question
No
Thank you sir
Brilliant advice!!
Thanks, You can access further material at www.cyberpandit.org.
Sir I have one doubt what'sapp chat history paper is taken as evidence in court for adultery
What is doubt?
@@NeerajAaroracyberlawyer sir court accept whatsapp chat history paper is evidence or not
Whether it is admissible or nonadmissible in court
Protection officer submitted false report in court in DV case.
Protection officer not investigated man.
Protection officer submitted report in already prescribed set format as told by wife.
Judge make base protection officer report always.
Now I want to know how can I question from protection officer in court. How can I file RTI
against protection officer. How can I submit application in court against false report of protection officer.
I am facing this situation in DV case which is false.
Please reply or make video against one sided report of protection officer.
Not pertain to my subject you may look for the appropriate counsel.
needy
Holy mother goddess sharada matha bless you ,me and viewers
Can basic text messages be used in case of defamation of character in the Indian Court of Law
yes, file with proof of authenticity and a certificate u/s 65B.ua-cam.com/video/zrsIoY42c1w/v-deo.html
Well explained. How about cc TV footages
Same analogy would apply.
Thank you
सर मुझे मेरे मोबाइल की रिकॉर्डिंग निकलाना है जो मैंने रिकॉर्ड नहीं की है क्या सरकार या कंपनी की तरफ से ऐसा कोई रूल है कि मैं मेरे मोबाइल की रिकॉर्डिंग निकला सकूं मेरा मोबाइल नंबर है 93006 08451 प्रकाश सोनी i
Thank you sir
Thanks, you can access further material at wwww.cyberpandit.org.
Thanks
Thanks, you can access further material at wwww.cyberpandit.org.
Sir,
Where do I get 65B certificate? What is the procedure?
you can download -- law.cyberpandit.org/performas/
Very nice sir
Thanks, you can access further material at wwww.cyberpandit.org.
sir mobile voice call recording and;
mobil video recording we can run in court.
and it is admissible in civil court's.
yes, it is admissible in civil court but for authenticity, you need to get it forensically examined.
can we produce through pen drive
yes, but authenticity may be an issue
Sir please apna office bta do...hme apne case ke bare me baat krni hai
CHAMBER NO. 112, PATIALA HOUSE COURTS, NEW DELHI -110001 and D-10/4, SECTOR-8, OPPOSITE BALAJI PLAZA, ROHINI, DELHI - 110085
Court fees kitni hoti h
Whtsp me 8878494949
Check from the relevant jurisdiction.
Sir, thank you so much for the wonderful video. I have a query.
I want to make a video as a evidence for court. In this video, the time at which video was made is critical. Can you please tell how can I prove during the video recording the present time displayed is correct.
From metadata of the video.
@@NeerajAaroracyberlawyer thank u yes
In my case, I have to submit my phone as the voice record is stored in phone memory. I have a doubt. Is it really safe to submit our phone to the court? How long will take to get my mobile back? Kindly clarify ji.
Sir hearing happened for two times at State consumer forum. My Father has submitted written argument in first hearing. Now can he summit electronic evidence in support of written argument submitted earlier in next hearing. If it is what is the process.
Respected sir, 65 B certificate ka legal formate kya hai?
Kindly post your queries at www.cyberpandit.org/ where your query would be replied by the experts.
legal format at law.cyberpandit.org/performas/
Sir,my mobile phone data was corrupted, but im copyed the dsta in mcard to pendrive.it is admissible in court and court will accepted or not.
It would be a challenge but the if the data is properly authenticated and chain of custody is established, court may rely.
Sir agar court me police wale or SHO fake report dete hai or hmare pass proof ho ki report fake hai to unke against kya karyewahi ho skti hai
file a case of perjury and also of manipulating the evidence u/s 192/194 IPC.
Sir. If phone is stolen and recorded my voice.. it can be permissible in the court ??
Your question is not clear.
excellent knowledge you possess sir many many thanks
Is this in India only?
Sir, original phone not working
But I have copy of that video. How to use it as evidence? Sorry sir my english is poor.
Thank u sir now i am feeling relaxed
Thankyou, you can access further material at wwww.cyberpandit.org
Sir my question is whether WhatsApp chats and phone call recordings are primary or secondary evidence? And how to get the certificate under section 65B? Please help. Thank you
In the original device, these are the primary evidence but when you take a printout or copy it on the CD/DVD/ Pendrive, these are secondary evidences. Certificate U/s 65 has to be given by the owner of the Mobile Phone.
Excellent explanation sir. Wonderful 👏👏👏👏. I have a querry sir , that I don’t have that original mobile phone with me. But I do have a copy of that audio proof. Then how can I produce and prove that.
More and specific details is required to provide an appropriate reply.
Dear Sir, how can 65 b produced in criminal appeal as already accused acquitted in trial court because CCTV footage has not been seen by Judge but CD is exhibited in trial court and CCTV operator and IO also mentioned about CCTV footage in their statement, I have also same footage , can I show it before the criminal appeal court. I am complainant. Waiting your reply. thanks
yes, you can seek permission to lead evidence and produce the relevant certificate. However, at this stage, court may or may not grant permission depending upon the facts of the case.
Sir Post more videos.
It's very helpful.
Keep it up sir.
May almighty bless you with happiness.
Jai hind
Vande Mataram 🇮🇳🇮🇳🇮🇳❤️
Thanks, you can access further material at wwww.cyberpandit.org.
Neat and explicit style
Sir if the memory is full and all recordings are backed up on usb pen drive than this recordings will be acceptable and can be prooved to be original as we are not awared of future things happening and suddenly we remember we have the recording if a particular call pls reply sir
Yes
Hello, which phone do you recommend to use which will have a memory card slot and allow you to record and save a conversation to the memory card? Thank you.
you can have any phone with a option to insert memory card
Sir, I no English
Very articulate and concise.... well, what if we actually wanna play the audio/video recordings in the Court of Law? Can we actually play it on any device so that the Court can capture the exact essence of the same, which otherwise is generally lost when the same is presented to the Court by way of transcription.
Your comments please…
it has to be played to prove the content. Make sure the content of transcription matches with the content o f recording. do no forget to file certificate u/s 65B, if you are filing the secondary evidence.ua-cam.com/video/zrsIoY42c1w/v-deo.html
you can get 65B performa from law.cyberpandit.org/performas/
@@NeerajAaroracyberlawyer site if not opening
Sir what happen when case fill in viral video
Question is not clear.
Thankyou Sir. It helps a lot in our profession while conducting matters.
Unfortunately he is no more. We lost him during the pandemic. It can be checked on his FB account.
@@SyedatSC!!ॐ शांती!! Shocking! No words to say.
Sir..I buyed second hand mobile from my colleague, is it eligible for the 65B certificate.
Whtsp me 8878494949
Yes
Tnq sir ji
how can we show messages between me & her in family court ? please help
obtain the printout & in electronic form from a forensic lab and file the printout with certificate u/s 65B in the court
Great video sir .
Plz guide me , sir suppose the relevent recording is continuously in first 5 min in audio recording in mobile and rest continuous is plain irrelevant till 40 more minutes continued in same recording .
Now can we cut continuous 5 min audio phone recording that is relevant and produce in court or not ?
Is this cutting of furthur 40 min audio clip , is tampering of evidence or not ?
Cutting video clips may not be Admissible in court
The moment you cut the video, it's encoding date would change and if the opposite party pointed towards it, it would become fabricated one and would not be relied by the court.
Cut video can be make admissible with the certificate under section 65-B but it would not be authentic so would not be relied by the court.
Where we will get forensic expert
www.cyberimmerssions.com
Great detail sir. thank u
Thanks, you can access further material at wwww.cyberpandit.org.
Certificate means
law.cyberpandit.org/performas/
you are great sir,,,god bless u
Thank you very much for your good wishes!
Thanku sir..
Thanks, You can access further material at www.cyberpandit.org.
Sir kya photo aur screenshot bhi evidance k jaise pesh kiye jaa sakte hai?? Massege k??
Yes.
recording a private conversation secretly with respect to some commercial transaction without consent of the person, can it be used against him in court of law, is it admissible in evidence?
Yes, it is admissible in court.