Almost every mobile phone has voice recording functions. Technology has armed us with weapons of Voice Recording and Video Recording.
But can court convict someone by relying on such recorded evidence?
There are cases and cases where courts have convicted criminals on basis of tape recording.
Court usually wants to know following things before relying on such evidence.
1) Was recording done under controlled conditions? Has anyone come in witness box to say that he himself has recorded or that he was a witness to recording?
2) Are the content of recording same as they were when it was recorded? Is there any possibility that the recording could have been tempered with or doctored with after it was recorded?
3) Has any one come in witness box to say that "After recording was made, recording was kept in his safe custody till it was produced in court" ?
If Court satisfies, it can rely on recording.
(Some mobile phone may have "Non editable Recording Software". If there is such an application, court can rely on it without any hesitation.)
Haresh Raichura
28/8/2012