Tape-recorded conversation is a valid evidence or not?

Vijay Patel, Muskan Arora


The Electronic form of evidence is the requirement in the current scenario of the judiciary. The evidence of tape recorded conversation is emerging nowadays in the cases related to prevention of corruption act,  electronic media is used by all over the world with the latest version and updated technologies and that is the reason why the admissibility of the evidence depends on the nature and the evidentiary value of such tape recorded conversation.  we have seen that after the Indian technology act, 2000 and amendment in the evidence act, 1872  that the tape-recorded conversation is considered as one of the evidentiary document but the admissibility is still the matter of evidentiary value. Prior to the year 2000, the court used to considered only oral or written document and the judges were overburdened with the pending cases and the relation between law and technology was raised many times before court of law. Tapping telephonic conversation by special authority is not the violation of fundamental right and the rights of article 20(3) Indian constitution is not available, it is excluded from the right to privacy, The connection amongst law and innovation has not generally been a simple one. Now, the evidence of telephonic conversation is freely taken after the major amendment in  section 3 of Indian evidence act, 1872 with respect to the section 92 of Indian technology act, 2000, Indian technology act has somehow clarify the concept of admissibility of evidence that's why the evidence act and technology act are considered as the two wheels of the  court of criminal procedure.  Section 2 of Indian technology act deals with the information received, sent, contained in chip or microchip and stored in media whether in magnetic form or optical. 

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