Supreme Court Guidelines

Tape recorded statement – Admissibility Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdass Mehra, AIR 1975 SC 1788: (1976) 2 SCC 17

The tape records of speeches were “documents”, as defined by section 3 of the Evidence Act, which stood on no different footing than photographs, and that they were admissible in evidence on satisfying the following conditions:

(a) The voice of the person alleged to be speaking must be duly identified by the maker of the record or by others who know it.

(b) Accuracy of what was actually recorded had to be proved by the maker of the record and satisfactory evidence, direct or circumstantial had to be there so as to rule out possibilities of tampering with the record.

(c) The subject-matter recorded had to be shown to be relevant according to rules of relevancy found in the Evidence Act. These requirements were deduced by High Court from R. v. Maqsud Ali, (1965) 2 All ER 464.

Source: Supreme Court Guidelines and Precedents, M A Rashid

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