How would an audio video recording in court be considered evidence?

How will the audio-video recording be treated as evidence in court?

In today's time, audio-video is considered as evidence in the court, but for this, certain conditions 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 it false.

How to Prove "Audio Evidence" 

Importance of mobile audio and video recording - मोबाइल ऑडियो और वीडियो रिकॉर्डिंग का महत्व

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 the documents written on it, 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 its truth in court.

How to prove 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 the audio recording, we can also dub in another's voice. In such a situation, he has to match that person's voice and also to see whether that recording was made on the same device.

If we talk about video recording, then the picture in the video is in front, then there is no problem in identifying it. 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 to present your recording in front of the court on the same device because it also benefits that that mobile or device also becomes proof for the court and it is easier to convict the accused.

# 2. How to present audio and video recording in court

Whenever you present an audio or video in the court, first of all, write the recording of that recording on a clean page. So that the court can tell and explain the words that 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. After all, the time of the court is destroyed in it, based on the written statements, the court can explain the situation and the spoken things 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 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 do audio and video recording

Any electronic record whether it is audio and video recording or in some 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 a 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 veracity there, 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 have 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 the forensic lab, then you can not live without mobile till that time and at that time its value will also be reduced, then the police give you equal money So that the public policy should be helped to give 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 take it from you in a criminal investigation, then it will let you copy any other recordings 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 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 an 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 provided in the format of the Madhyastha Center that if a party takes a recording of someone's talk and does not mediate in any way, then the recording is presented based on evidence in the court. If you want to do that recording will not be valid.

These clauses have been inserted in this special because without speaking the truth or admitting your mistake, you cannot explain. When a 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. Therefore, when you are negotiating in the center of Madhyasta, then be certain about things like a 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) and does not show it to the center. For this, either the mediator is there or your lawyer is present and their voice should also be in evidence which proves that you are sitting in the center of mediation 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 on your mobile, then you need 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 Could match the 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 and the mobile of their front party, in which the name of both the mobile and their number is in the name of the person, the location 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 this detail from both mobile companies and present it. By doing this, your case and evidence become 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 applies the application in the court within the time limit of 1 year of the incident.
• Companies like WhatsApp and Facebook do not have any 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 with more truth 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 Particulars of your evidence.
• If the police do not take your electronic recording, then you should apply in 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 testimony of the officer who has verified this forensic lab. So that its process can be verified.
• If you do not tell the court about the recording by whom you got it, 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.