Use of phone recording as evidence against a lady using unparliamentary language

[SHARMA]

My mother framed us in a false u/s 420 and she is about 65 years old lady. By nature she is in nature of abusing and doing man like things i.e. using filthy words and manhandling. She called me before FIR and started abusing me and herself. She used full punjabi filthy words for herself and even threatening us. Now the stage of case is 313 statement by us. I want to know that whether I can use these phone recording as evidence against her. In this way I can show her real face even in this age. But my lawyer is reluctant in this matter. Please advise us how can we use these evidences?

[Dr. Ashok Dhamija]

Whether or not it is advisable to use such phone recordings in defence in the facts and circumstances of your case, is something that only your lawyer can tell who would have seen the nature of the charges and the nature of the evidence on record and also the requirements of the case.

But, from legal point of view, phone recordings are admissible in evidence. They can be submitted in court either in original (i.e., primary evidence) or through their copies by following procedure laid down in Section 65-B of the Evidence Act.

You can search this website (Tilak Marg) for expressions such as “electronic evidence” or “65-B” to read more on similar issues.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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