Is Phone Recording Admissible in Court in India?

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Phone recordings are increasingly used in legal proceedings, but their admissibility depends on compliance with the Indian Evidence Act, 1872 and the Information Technology Act, 2000. Courts recognize electronic records as valid evidence, provided authenticity and legality are established.

Under Section 65B of the Evidence Act, electronic records such as audio files are admissible if accompanied by a certificate confirming the manner of production, device details, and assurance that the record has not been tampered with. This certificate is crucial; without it, courts often reject recordings.



If a person records a conversation they are part of, it is generally legal in India, since the country follows a single‑party consent rule. However, secretly recording conversations of others without participation may violate privacy rights under Article 21 of the Constitution, as well as the Indian Telegraph Act, 1885. Courts balance privacy concerns with the need for justice, meaning admissibility is decided case by case.

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