Can an audio recording in mobile phone be treated as valid evidence ?


Yes it can be lodged but subject to seizure of the object from which it has been recorded and court will decide the same of its validity. You can lodge FIR before the police station with guidance of lawyers.

As per the IT Act, 2000, electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.
Therefore, an audio recording comes under the ambit of electronic record and is admissible.

Laws regarding electronic record and their admissibility are properly laid down in Section 65B of the Evidence Act. Any evidence for its admissibility before the Court of Law needs to go through the parameters of the Section 65B of the Evidence Act.

According to Information and Technology Act an audio recording can be an evidence in court as the case for other electronic record, which must be in original and not tampered with. So you can lodge any complain and thereby back your complaint during trial with such evidence if so be the necessity.

Laws regarding electronic record and their admissibility are properly laid down in Section 65B of Indian Evidence Act. The contents of electronic records may be proved in accordance with the provisions of section 65B.

Therefore, in order to understand whether a voice recording can be used as an evidence in courts in India, an understanding of section 65B of Indian Evidence Act is necessary.

Any information contained in an electronic record which is recorded or copied in optical or magnetic media produced by a computer shall be deemed to be also a document if the conditions mentioned here are satisfied.

If the conditions are satisfied then such recordings are admissible in any proceedings without further proof or production of the original, as evidence of any contents of the original, or of any fact stated of which direct evidence would be admissible.

Reference: Section 65B of Indian Evidence Act.
IT Act, 2000



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