Wife recording family conversation secretly, admissible in evidence: Gujarat HC
Last Updated on August 6, 2024 by News Desk
The Gujarat HC has recently ruled that the family conversation, which is secretly recorded by the family, can be admissible as evidence for the substantiation of her allegations of domestic violence and cruelty.
The court said that in the case of Sri Rama Reddy v Shri VV Giri, tape recorder conversations were considered permissible. First, the voice is identified, and then the accuracy of the conversation and voice is proved by the elimination of the possibilities of erasure.
The HC observed that the petitioner’s wife had produced a CD along with the transcript and a certificate as per section 65 B of the Indian Evidence Act and identified that the voices were of her husband as well as the other family members.
Justice Gopi pointed out that such a conversation is a relevant matter.
The petitioner had challenged the order of the magisterial and sessions court, which had rejected taking the recording as evidence, where the court mentioned that since any provision was absent, the court couldn’t produce any person for the spectrograph test as there was no investigation of crime.
The HC said that the objective with which the DV act was brought into force has to be kept in mind while dealing with such scenarios: aim to safeguard the rights of women who are victims of violence to prevent the recurrence of domestic violence in society and to provide a speedy remedy.
In any case, rejecting the woman’s plea was not the motive of the DV Act.
The court said that when the wife produced the recording of her husband and the family members, she did not need to prove more than that.
She also produced the hash value and a certificate under section 65B.
Case Title :- Shianjany Pradhan (@SHIANJANYPRADHAN)
