Can I Record Phone Calls And Use Them As An Evidence In The Court Of Law?

In India, taping of telephonic conversation is illegal. Only, government is enable to tap any phone calls and that is on the basis of specific laws. The Government can tap telephonic/electronic conversations in the interest of public, security of the country etc. It is interesting to note that although, taping of telephonic conversation is illegal, it has been accepted as an important piece of evidence in various cases like family disputes between husband and wife, criminal threats/ intimidation etc. There are following laws which govern tapping of telephonic conversations by the Government:

The Indian Telegraph Act vide its Section 5(2) has granted the government the power to intercept messages.

The Indian Telegraph Rules, 1941 by its Rule 419 A, provide guidelines on the procedure to be followed for telephone taping.

According to Section 3 of the Indian Evidence Act, 1872, electronic records are considered as documentary evidence. Electronic records are admissible as per Section 65A and 65B of The Indian Evidence Act. As per these provisions, call recordings are admissible in the court of law.

In cases, where a party records a telephonic conversation of the second party and produce the same before the court against the Second Party, the same may be considered as a valid evidence, if it fulfils the ingredients stated under Section 65A and 65B of The Indian Evidence Act. Though, recording of telephonic conversation is violation of Fundamental Right of the person, whose conversation is recorded (Violation of Fundamental Rights under Article 20 and 20 (3) of The Constitution of India). The aggrieved person, may file a petition under Article 32 or 226 of The Constitution of India before Supreme Court of India or High Courts for redressal of his/her grievance.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar & Ravi Kant

Advocates