Evidential Value of Tape-Recorded Conversation

Bharatiya Sakshya Adhiniyam, 2023

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

[Advocate]

Evidential Value of Tape-Recorded Conversation-

Tanmoy Mukherji

[Advocate]

Legal Provisions-

Section 2(e) BSA (Section 3 IEA)-

→ "Evidence" includes all documents, including electronic records (after IT Act, 2000 amendment).

Section 62 & 63 BSA (Section 65A & 65B IEA)-

→ Special provisions for admissibility of electronic records.

Section 5, 6, 149 BSA (Section 7, 8, 146 of IEA)-

 → Relevance for corroboration, motive, conduct, and cross-examination.

Nature-

→ Tape recording is treated as documentary evidence (not oral).

Principles Established by Courts-

1.Must be relevant to the matter in issue.

2.Identification of voice is essential.

3.Must be authentic (no tampering, editing, or alteration).

4.Must be kept in proper custody.

5.If secondary copy is produced, section 63(4) certificate is compulsory.

6.Can be used both for corroboration and contradiction.

Reference Cases-