In today's time, audio video is considered as evidence in court, but for this there are certain conditions which must be fulfilled. If anything has gone wrong with you and you have recorded it or you have any kind of digital proof, then you should know everything in advance to make it proof so that the person does not get a chance to call him a liar. .
According to Section 61 of the Evidence Act, there are two types of evidence.
First Evidence means the best and reliable and it includes written documents, documents and electronic evidence and the second secondary evidence which contains copies of documents and oral testimony etc. Section 62 of the Evidence Act has written in detail about First Evidence. Recording made by electronic and mobile or any other device comes in the first evidence, this is the best and simplest basis to prove your point to be true in court.
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Importance of mobile audio and video recording
According to Section 61 of the Evidence Act, there are two types of evidence.
- (1) First Evidence and
- (2) Secondary Evidence
First Evidence means the best and reliable and it includes written documents, documents and electronic evidence and the second secondary evidence which contains copies of documents and oral testimony etc. Section 62 of the Evidence Act has written in detail about First Evidence. Recording made by electronic and mobile or any other device comes in the first evidence, this is the best and simplest basis to prove your point to be true in court.
How to demonstrate audio and video recording in court?
# 1.Audio and video recording to be true
It is most important for any type of recording that it should be true and there should not be any kind of editing in it. Like audio recording we can also dub in another's voice. In such a situation, he has to match with that person's voice and also to see if that recording was made in the same device.
If we talk about video recording, there is no problem in identifying if the picture in the video is in front. But for the sake of truth, it is important that the video recording is made in the same memory card or device in which it is recorded. Now such tools have come so that the video recording is not made in that device or even in that memory card, and even if only copied, it will be known whether it is original or duplicate (duplicate means added). By the way, you should try that your recording is presented before the court in the same device, because it also benefits that that mobile or device also becomes an evidence for the court and it is easier to convict the accused.
# 2. How to present audio and video recording in court
Whenever you present any audio or video in the court, first of all write the recording of that recording on a clean page. So that the court is able to tell and explain the spoken words, which are spoken in audio and video recordings. And also take some photos of the video so that it is easy for you to explain the situation in the court during the debate. This is because during the debate we cannot play audio and video recordings again and again, because the time of the court is destroyed in it, on the basis of the written statements, the court can explain the situation and the spoken words and from the opposing party Well, by showing what has been spoken in any situation, we can answer questions and debate easily.
# 3. Method of typing audio and video recording
To write this, the person who has spoken, it should be written in front of his name, and write the situation as if it was said in a place, or in anger or with love. In this way, you should write and present all the things. Whatever is said about your work and is special, you should make it bold.
# 4. In which application to put audio and video recordings
Any electronic record whether it is audio and video recording or any other form such as photo, negative or any other device is presented in section 65B of the evidence act, for that you mention all these things on any plain page. Do it in the form of certificate and present it before the court.
It has to be written that whatever electronic device you are presenting before the court is completely true and correct. The court is empowered to accept it under this section, the court sends the electronic device to the forensic lab for the truth, but after checking its veracity, comes back to the court with the report.
# 5. Method of audio and video recording seizure by police
If the police has to seize an electronic device such as mobile, CCTV cameras, other cameras or other spy devices etc., then it takes notice of 91 CRPC to that person and takes it if that electronic device belongs to someone other than the complainant. If it is, then the price of that electronic device is paid by the government at the same time. Suppose your mobile is taken by the police and it comes after 10 months from forensic lab, then you cannot live without mobile till that time and at that time its value will also be reduced, then the police gives you equal money. So that the public help the police to take evidence, and do not back down because of their loss.
Like if you are a shopkeeper and have a CCTV camera installed outside your shop and if the police takes it from you in a crime investigation, then it will let you copy any other recording of it that you want and its price will be new as per that time. Will give you to buy goods. If you want your system back from them too, then after the end of the case, they will give you the price that is fixed after the auction. If a police officer does not do this, then you can complain about it in the big officers or court.
But the condition is that the electronic device should not belong to the complainant nor should it be used in a wrong way by a person convicted in a crime such as (in making dirty audio and video recordings of a girl) the accused has used such electronic devices Nobody gets any money for
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# 6. When is audio and video recording not valid
If you fraudulently record audio and video of a party at the Madhyastha Center, it is not valid in the court. For this, it has been clearly provided in the format of the Madhyastha Center that if a party is recording a thing of someone and later does not mediate in any way, then the recording is presented in the court on the basis of evidence If you want to do that recording will not be valid.
This clauses have been inserted in this special because without speaking the truth or admitting your mistake, you cannot explain. When one party tells the truth or admits his mistake, then legal protection is also necessary. If there is no legal protection then no one will speak the truth and will not understand. So when you are negotiating in the center of Madhya Pradesh, then be absolutely sure about the recording.
The question that arises here is, what should we do if the opposing party does not show that recording to the outside center (other meetings), instead of telling it to the center For this, either the mediator is there or your lawyer is present and their voice should also be in the form of evidence to prove that you are sitting in the middle center or you are sitting in the middle center between the talks. And you are saying this so that the pigeon becomes clear
# 7. Regarding audio recording while talking on mobile
If you have made an audio recording of a party in your mobile, then it is important for you to prove that this proof is true and also call the location and talk time limit of your mobile and front mobile so that that time limit is your Could match audio recording limit. For this, Section 91 CR.P.C. In the application, and in that the police told the details of the mobile of the party in front of them and the mobile of the party in which both the mobile and their number is in the name of the person, the time and time limit of talking of the location of both the mobile and both the people of that time. Make a demand
Inform the court of both mobile numbers in your application. The court will pass an order to the police to take these details from both mobile companies and present them. By doing this, your case and evidence becomes stronger.
# Precautions and other important things
The mobile company keeps a record of any mobile or location with itself for only 1 year, after that it ends automatically, so apply the application in the court within the time limit of 1 year of the incident.
Companies like WhatsApp and Facebook have no time limit to keep this record, it is always there, but if you delete it from your system, then it remains in the system of these companies for the next 1 year but this company is public The data of the seller is stolen so it can be found even after 1 year but still you can apply in the court within the time limit of 1 year.
The device in which this recording is made should also be presented with evidence so that your point can be proved more accurately and the recording is made in the same, it can also be proved in the forensic lab.
Whenever you give any evidence to the police, be it audio and video recording or any other evidence, you must take its acknowledgment or surviving, which contains the complete boera of your evidence.
If the police does not take your electronic recording, then you should apply it in the court and verify it. But don't waste time
Sometimes forensic laborers also get things broken or spoiled, so keep another copy with you.
There is no private company or lab for electronic devices, this work is done in government labs and sometimes there is a fear of selling these lab assistants so be careful. If something goes wrong, get it verified in another forensic lab by the court
Without making your recording or photo appear in your testimony, it is useless, otherwise the court will not confer it at the time of judgment. And get the forensic lab verified by the officer who has verified it. So that its process can be verified.
By whom did you get the recording from, if you do not want to tell the court, then you can also refuse it. There is a lot of judgment of the Supreme Court for this matter that no court can compel you to bring more evidence from where it is said, it is necessary for the safety of you and the person who gave you this evidence. Have given. The only question here will be whether the evidence is working to bring out the truth in the case. If yes, they will consider them on the court record. Therefore, without fear, any electric evidence or any other evidence should be presented before the court.