The process of extending tape recorded conversation as evidences, in cases has become quite extensive and prevalent. We see a number of situations where proffering such evidences in cases such as corruption cases and other matters related. There are instances of such practices being followed in the civil matters as well, where, the most convenient way of securing evidences is considered to be tape recording and the relevant conversations on which the parties to the case rely.
While considering the conception of Indian Evidence Act, we may say that, prior to it being amended by the new conception of Information Technology Act, 2000, it mainly was in conformity to documents that were in oral and documentary form.
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Technological revolution has its own benefits and issues at the same time. Speaking of which, we can say that law and technology have a complex relationship and there has been room for technological aid in law as per the needs and requirements. The vastness and power of technological paradigm hasn’t been regarded by law and is taken into consideration with respect to the needs and requirements.
Evolution
Since there were two kinds of evidences recognised in the Indian Evidence Act, the technological advancements and the prospective role of such transformations were never taken into consideration and it was not taken into count seriously. But, with the growing technological stature and legal predicaments, it was found that tape recordings and related conventions would play an immensely important role with time. The nature and evidentiary value of such conversations is still disputes, however, in different case laws, the court has opined varied aspects and has often regarded the transmissions and submissions. The earliest cases with regard to the admissibility, came into picture with the famous case of Rup Chand vs. Mahabir Parshad. In this particular case, the hon’ble court declined to treat the tape recorded conversations as writing and refused to admit the very evidence as per the contentions of the Indian Evidence Act. These days, the very process of issuing tape recorded conversations as evidence before court of law particularly in cases that are related to corruption laws and the matters associated. There was a famous case of Joginder Kaur vs. Surjit Singh, that spoke about recorded conversations and it was held that the tape recorded conversations cannot be used as admission of husband for her wife to be mentally disordered or challenged, in accordance with the contentions put forth in court.
There have been many cases incidental to the recorded evidences and the admissibility of these evidences. The admissibility varies from case to case and with respect to the subject matter and decisions of the hon’ble courts, that impart such decisions as per their own judgment, prudence, skills and manifestation. However, it won’t be wrong to say that technological blend with the legal interface is a very fruitful approach and often could be of major help for the law pursuit. If taken into consideration, the process of technological advancements and inputs can prove fruitful.
