It is a vague subject, as there is no specific law regarding this. The lack of clarity causes so many questions in an individual’s mind. As they are worried about their privacy. They want to know all about the call recording laws in India. For example, Is call recording a crime? Can I record my calls? Which laws cover call recording? This article will solve all your queries concerning call recordings.
Nowadays it is very easy to record a call. Even many mobile phones also have this feature of call recording. Though there is no specific law regarding this subject. Still, it is covered in some other laws. Here we will discuss whether call recording is legal or not? Is call recording admissible in court or not? As it comes under both types of laws:
- Criminal Law: Criminal laws are those in which there is a breach of laws against society. These laws are punishable under the law of the country. Call recording related laws in criminal laws: The Indian Telegraph Act, 1885: Section 25 of the Telegraph Act talks about call recordings. It says that if you are recording your call with any other person it is legal. But, if any third person records a call in which he is not involved then it becomes a crime. Crime is punishable under criminal law.
- Civil Law: When there is a breach of rights and duties of the law.
In recent times, in a landmark judgment.
PUTTASWAMY VS. INDIA, A nine-judge bench of the Supreme Court of India held unanimously that the right to privacy was a constitutionally protected right in India. As well as being incidental to other freedoms guaranteed by the Indian Constitution.
Then the question arises if one party records the call. Will it be a breach of privacy of the other party? So, it was concluded that you can record the call if you are a part of that call. But, the other party can sue you for breach of privacy and in this, you might have to pay the civil compensation.
How to present these call recordings in court?
You can present those audio clippings with Section 65B Certificate of Indian Evidence Act 1872, then it will become admissible in court.
Call recording is a shred of important evidence, it is used in the plea of alibi, in cases of domestic violence. So, illegal call recordings can also be admissible in court. If it is important evidence for the case this will differ from case to case.
So, this explains that call recording is done by the two parties involved is legal but the other party can sue for compensation. But, call recording done by any third party is illegal and punishable under the law. Any legal or illegal recording can be presented in court if it is important evidence in a particular case.
Still, have any legal doubt, contact the Legal Experts of AapkaConsultant.com
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