LI 11. Recorded call as a piece of evidence.

Whether recorded voice call is admissible in evidence?

A voice recording or a call recording is an “electronic records” and their admissibility in evidence is governed by Section 65-A and Section 65-B of the Evidence Act.
 Recorded voice call conversation is admissible provided
>>>first the conversation is relevant to the matters in issue;
>>>secondly, there is identification of the voice; and,
>>>thirdly, the accuracy of the tape recorded conversation is proved by eliminating the possibility of erasing the recording.

A contemporaneous recorded call of a relevant conversation is a relevant fact and is admissible under Section 8 of the Evidence Act. It is res gestae. It is also comparable to a photograph of a relevant incident. The tape recorded conversation is therefore a relevant fact and is admissible under Section 7 of the Evidence

Relevant Case Laws:
1.R.M. Malkani v. State of Maharashtra AiR 1973  SC157
2. Ram Singh v. Col. Ram Singh, : AIR 1986 SC 3,
3.N. Sri Rama Reddy v. V.V. Giri, (1970) 2 SCC 340
4. Yusufalli Esmail Nagree v. State of Maharashtra, AIR 1968 SC 147
5. S. Pratap Singh v. State of Punjab, AIR 1964 SC 72

Adv Mohammad Akhter Hussain
Patna High Court