False 498A – Are audio recordings accepted as evidence?

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    • 25/07/2011 at 10:05 PM #498
      Anonymous
      Guest

      I am another victim of a false dowry case. In this case, the girl has not only filed a dowry harassment case on me and my family, but also an attempt to murder case on me. We had got a hint that they might do a false dowry case because all the girls do so these days, so I called them, and put speaker phone on, recorded everything through a Computer voice recording software, as my phone didn’t have a record facility – which has a clear evidence that I never demanded anything. Also, my father recorded his conversation through a phone which had the record facility. Now, some police inspector came to our house and said that ‘Stop doing all these recordings. They are never going to help, no one is going to accept them as evidence in the court, no one can prove that it’s their voice and only what a girl says will be believed even if it is false’.

      Now we are very tensed that even after having multiple conversations with them which show us innocent, is it all not accepted in court? And just because a girl says we demanded dowry we did?

      Please help …

      thanks …

    • 26/07/2011 at 11:54 AM #3059
      Anonymous
      Guest

      see this judgement

      http://mynation.net/docs/2657-2007/

      http://mynation.net/docs/225-2001/

      more judgements you can find here http://mynation.net/docs/sitemap/

      and also let us know what is there in her FIR, so we will be in better position to advice you to counter it.

    • 26/07/2011 at 12:34 PM #3060
      Anonymous
      Guest

      Recording are always acceptable by court as per law. Though, It is always contested by other party but can’t be denied. Whatever a girl says in court, if u deny the same with an affadavit then the girl also has to prove what she had said, though the Indian laws are designed in such a way that the weaker sex in court is man not a women. A perfect timing and strategy shall help you in saving yourself and your family.

      One need to take care of certain things while recording. Some impt. points for you.

      1) Please buy a new phone which has memory card slot and call recording facility. (Don’t go for China mobile or cheap mobiles)

      2) Record all calls and maintain all details of dates and time of call and duration in a register.

      3) Record all conversation clearly without any background noise.

      4) Made a Transcript of every recording.

      5) Don’t do cut n copy it elsewhere. The recording should be at its originally recording place though u can make n no. of copies of it. Only original recorded place shall be acceptable in court.

      6) Provocate the other party to speak their mind over phone and record the same which can be used as an evidence.

      7) Most Important things now: a) Attend weekly webinar at https://mynation.net/live/ b) Start reading related law books, as knowledge is the only saviour.

      Don’t trust blindly anyone even yourself. While going through law books you shall understand what are your basic rights which no lawyer, policeman or court can deny.

      Next time when you post, please do update ur details with location.

      Thanks.

      Saxena

    • 27/07/2011 at 4:35 AM #3061
      Anonymous
      Guest

      Good answer saxena.lucknow

    • 27/07/2011 at 5:49 AM #3062
      Anonymous
      Guest

      Thanks Dr.

      I am just trying to give back what I had learnt from you and all and my personal experiences.

    • 27/07/2011 at 9:31 AM #3063
      Anonymous
      Guest

      u r Welcome Saxena.

      Khaash sab ne aisa socha hotha…..!

    • 27/09/2011 at 4:37 AM #3064
      Anonymous
      Guest

      victim of 498a DPA3 DPA4

      I have recorded using telephone adapter,which connects to land line and a computer, which saves audio files in the computer hard disk in the form of mp3 format. Now in this case, which will be the original recording as I can make n copies of that mp3 file. Is it sufficient to submit that mp3 file alone in a CD to the court.

      In other case, when I record using mobile fone, the voice is saved in the memory card. do I need to submit the phone it self to the court or the memory card alone?

      pl explain wrto these situations.

      Thanks.

    • 27/09/2011 at 7:22 AM #3065
      Anonymous
      Guest

      read these judgement

      http://mynation.net/docs/2657-2007/

      http://mynation.net/docs/225-2001/

      //petitioner abused in filthy language and threatened the respondent in his cell phone which was recorded in it and re-recorded in audio CD, if so, the cell phone of the respondent could be marked, but the same is not done and produced only the audio CD, which is not a primary evidence; that the audio CD is fabricated one and inadmissible, which was ordered to be taken into evidence by the trial court, hence, the same is liable to be set aside.

    • 28/09/2011 at 4:18 AM #3066
      Anonymous
      Guest

      If you are really innocent, file application before High Court for quashing FIR/proceeding u/s 482 of Cr.p.c.

      http://www.jaihindlegal.com 9821387099, 9224799546

    • 05/12/2011 at 2:22 PM #3067
      Anonymous
      Guest

      Dear all, please help me as to from where can I get Hindi MP3 recording transcripted, it is critical and urgent.

      Pls. help.

      Thanks in advance.

    • 06/12/2011 at 4:31 AM #3068
      Anonymous
      Guest

      transcripted to what ? who asked transcription.

      all recording should be in original device,

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