MyNation Foundation Forum » Advice » 498A

False 498A - Are audio recordings accepted as evidence?

(11 posts)
  • Started 6 years ago by another_Victim_of_498A
  • Latest reply from Dr.Dsouza
  1. another_Victim_of_498A

    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 ...

    Posted 6 years ago #
  2. Dr.Dsouza

    see this judgement

    more judgements you can find here

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

    Posted 6 years ago #
  3. saxena.lucknow

    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 **** mobile or **** 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) Start going to Local **** Chapters for consultation 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.


    Posted 6 years ago #
  4. Dr.Dsouza

    Good answer saxena.lucknow

    Posted 6 years ago #
  5. saxena.lucknow

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

    Posted 6 years ago #
  6. Dr.Dsouza

    u r Welcome Saxena.

    Khaash sab ne aisa socha hotha.....!

    Posted 6 years ago #
  7. khalilforall

    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.


    Posted 6 years ago #
  8. Dr.Dsouza

    read these judgement

    //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.

    Posted 6 years ago #
  9. Adv.Kachave

    If you are really innocent, file application before High Court for quashing FIR/proceeding u/s 482 of Cr.p.c. 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Posted 6 years ago #
  10. Jeetman

    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.

    Posted 6 years ago #
  11. Dr.Dsouza

    transcripted to what ? who asked transcription.
    all recording should be in original device,

    Posted 6 years ago #

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