Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Admissibility of Conversations - General Principles The courts have consistently held that the admissibility of recorded conversations depends on their relevance and proper identification, rather than solely on the manner of recording or legality of interception. A contemporaneous tape recording of a relevant conversation is considered a relevant fact and admissible under the Evidence Act, provided voice identification and authenticity are established ["1991 0 Supreme(Ori) 23"], ["
Sri Jayaram Singh VS Tuka - Crimes
"], ["FARIS SHUJA JALAI @ ANUP vs CBI - Delhi"].Conversations Recorded in Police Custody Conversations involving co-accused who were in police custody at the time of recording are generally deemed inadmissible against them, but may still be admissible against other accused not in custody at the time, especially when corroborated by other evidence like recovery of mobile phones or SIM cards ["
Faris Shuja Jalai vs Central Bureau of Investigation - Delhi
"], ["2013 Supreme(Online)(DEL) 1678"], ["FARIS SHUJA JALAI @ ANUP vs CBI - Delhi"], ["FARIS SHUJA JALAI @ ANUP vs CBI - Delhi"]. Notably, the courts have clarified that even if part of a conversation involving a co-accused in custody is excluded, the remaining portion can be admissible against an accused not in custody, provided other conditions are met ["Faris Shuja Jalai vs Central Bureau of Investigation - Delhi
"].Legal Validity of Recording and Interception The legality of interception or recording (e.g., whether it was legally intercepted or recorded with proper authority) does not necessarily affect admissibility. Evidence obtained through lawful or unlawful means can still be admissible if it is relevant and properly identified, as the courts focus on relevance and authenticity rather than the method of procurement ["2023 0 Supreme(All) 1089"], ["2025 Supreme(Online)(KAR) 2103"], ["FARIS SHUJA JALAI @ ANUP vs CBI - Delhi"].
Role of Section 27 of the Evidence Act Information or conversations leading to the discovery of facts, even if obtained while the accused was in police custody, can be admissible under Section 27 if they result in discovering relevant facts, such as identity or location ["
SOH TEN SENG vs PUBLIC PROSECUTOR
"], ["Subhash Hariram Rajbhar VS State of Maharashtra - Crimes
"], [](https://supremetoday.ai/doc/judgement/MYS_MARSDENLR_1964_401).Notes on Statements Made to Police Confessions made during police custody are inadmissible under Sections 25 and 26, but facts discovered as a result of information received from an accused (not necessarily a confession) can be admissible if they lead to relevant discoveries ["2007 0 Supreme(Bom) 697"], ["
Subhash Hariram Rajbhar VS State of Maharashtra - Crimes
"].Notes on Statements in Punchnama Conversations noted in the Punchnama that are explicitly recorded as not admissible in evidence reflect that courts recognize the importance of the manner of recording and the context. However, the main legal principle remains that relevance and proper identification are crucial, and inadmissibility in one context does not automatically preclude evidence from other contexts if other admissibility criteria are met ["2023 0 Supreme(All) 1089"].
Analysis and Conclusion:While conversations involving co-accused in police custody are often deemed inadmissible against those in custody, recordings of relevant conversations made in the presence of independent witnesses and properly identified can be admissible against other accused not in custody at the time. The legality of interception or recording does not singularly determine admissibility; relevance, authenticity, and proper identification are paramount. The note in the Punchnama about conversations not being admissible in evidence underscores procedural caution, but courts have upheld the admissibility of such recordings based on the criteria of relevance and proper identification, regardless of how or where the conversation was recorded ["2023 0 Supreme(All) 1089"], ["2025 Supreme(Online)(KAR) 2103"].
In criminal investigations, every piece of evidence counts, but not all conversations qualify. Imagine this scenario: one accused is in , chatting with a , and the investigating officer notes in the (also spelled ) that this conversation is . Can prosecutors still use it in court?
This question arises frequently in Indian criminal law: If one accused is in , is having conversation with another which noted in the that conversation is ? The short answer is generally no—such a conversation is if explicitly marked as such in the . But let's dive deeper into the legal principles, judicial rulings, and practical implications to understand why.
Under the , the admissibility of recorded conversations, , or statements during police investigations is tightly regulated. or similar evidence require strict procedural compliance, including certification under for , unless they qualify as like the original recording 2015 0 Supreme(Raj) 2029.
Conversations involving an accused in custody face extra scrutiny. bars to police, and limits statements made in custody unless before a magistrate. When a in custody speaks to another, it's often tainted by coercion concerns, making it unreliable without safeguards.
The , an official inquest report witnessing seizure or events, plays a pivotal role. If it explicitly states the conversation is not admissible, this note reflects the authorities' intent and binds the evidence's use 2014 0 Supreme(Bom) 2085. Courts view this as a , preventing reliance on the content.
The isn't just paperwork—it's a foundational document. An explicit declaration of non-admissibility acts as a shield for the accused. As noted in key rulings, mere recording doesn't confer admissibility; the note overrides it 2014 0 Supreme(Bom) 2085.
For instance, in one case, the court rejected a tape-recorded conversation because the officer didn't instruct recording, the cassette wasn't sealed, and discrepancies existed—compounded by notes 2014 0 Supreme(Bom) 2085. This underscores that without full compliance, and especially with a , the evidence fails.
The has repeatedly clarified: recording in police presence or during probes doesn't automatically make evidence admissible. Non-compliance with safeguards, like proper notation in , renders it unusable 1989 0 Supreme(Raj) 621.
echo this, particularly in NDPS cases. In applications, courts grant relief when the only link is information from a in custody. It is well settled that the information given by while in is 2021 0 Supreme(Raj) 1060. Here, absent independent proof, was allowed under .
Similarly, any information given by while in is , leading to as no other evidence connected petitioners to narcotic smuggling 2020 0 Supreme(Raj) 363. Another ruling: information supplied by , while in , is , with investigators admitting reliance solely on such tainted info 2020 0 Supreme(Raj) 447.
Even for recorded talks: Moreover, the same is as at the time the conversation took place, Anand Vishwa was in 2013 0 Supreme(Del) 2017. Courts excluded the custody portion but allowed the rest against non-custodial parties—highlighting nuance.
In a matter, the same principle applied: inadmissibility due to custody status
FARIS SHUJA JALAI @ ANUP vs CBI
. At , courts avoid deep credibility dives but still flag portions 2013 0 Supreme(Del) 2017.These cases show a pattern: custody conversations, especially noted , crumble under scrutiny.
While the rule is firm, exceptions exist:- Re-recording or Overturn: If properly re-recorded or inadmissibility challenged via legal process, it may become usable.- Partial Admissibility: Portions from non-custodial might stand, e.g., even if the portion attributed to the (who was in ) is excluded... admissible as against the Petitioner 2013 0 Supreme(Del) 2017.- : Legality of might not always bar use, per some views
.- Absent note, admissibility hinges on full compliance—no automatic exclusion.
For investigators:- Explicitly state admissibility in to avoid bars.- Seal recordings, certify under , and gather independent evidence.
For defense lawyers:- Challenge via notes early.- Highlight custody taint in /.- Demand proof beyond statements.
Courts typically exclude such evidence if noted , protecting fair trials.
This is general information based on precedents—not specific legal advice. Consult a qualified lawyer for your case, as outcomes vary by facts.
Therefore, whether the telephonic conversation between the two accused persons was intercepted or not and whether it was done legally or not, would not affect the admissibility of the recorded conversation in evidence against the applicant. ... The applicant had sought his discharge under Section 227 of Cr.P.C. on the ground that the telephonic conversation recorded on the digital voice recorder was not admissible ....
Sheikh informed the police. The police laid a trap. Sheikh called Nagree at the residence. The police kept a tape recorder concealed in another room. The tape was kept in the custody of the police inspector. Sheikh gave evidence of the talk. ... Here the police officers gave direct evidence of what they saw and what they did and what they recorded as a result of voluntary permission granted by Dr Motwani. The tape-recorded #HL_START....
Moreover, the same is not admissible in evidence as at the time the conversation took place, co-accused Anand Vishwa was in police custody. ... So, even if the portion attributed to the co-accused (who was in police custody) is excluded from the conversation, the same would be admissible as against the Petitioner as he was not in police #HL_STA....
Moreover, the same is not admissible in evidence as at the time the conversation took place, co- accused Anand Vishwa was in police custody. ... So, even if the portion attributed to the co-accused (who was in police custody) is excluded from the conversation, the same would be admissible as against the Petitioner as he was not in police #HL_ST....
Moreover, the same is not admissible in evidence as at the time the conversation took place, co-accused Anand Vishwa was in police custody. ... So, even if the portion attributed to the co-accused (who was in police custody) is excluded from the conversation, the same would be admissible as against the Petitioner as he was not in police #HL_STA....
Therefore, whether the telephonic conversation between the two accused persons was intercepted or not and whether it was done legally or not, would not affect the admissibility of the recorded conversation in evidence ... on the ground that the telephonic conversation recorded on the digital voice recorder was not admissible in evidence, but the learned trial court has rejected the a....
Moreover, the same is not admissible in evidence as at the time the conversation took place, co- accused Anand Vishwa was in police custody. ... So, even if the portion attributed to the co-accused (who was in police custody) is excluded from the conversation, the same would be admissible as against the Petitioner as he was not in police#HL_EN....
If information received from an accused person, even while in the custody of a police officer, is admissible under s. 27 of the Evidence Ordinance, a fortiori it ought to be admissible when given by an accused person before being taken into such custody. ... It is sufficient to say that such evidence was admissible under s. 27 of the Evidence Ordinance which reads: When any fact is deposed to as....
If information received from an accused person, even while in the custody of a police officer, is admissible under s. 27 of the Evidence Ordinance, a fortiori it ought to be admissible when given by an accused person before being taken into such custody. ... It is sufficient to say that such evidence was admissible under s. 27 of the Evidence Ordinance which reads: When any fact is deposed to as....
If information received from an accused person, even while in the custody of a police officer, is admissible under s. 27 of the Evidence Ordinance, a fortiori it ought to be admissible when given by an accused person before being taken into such custody. ... It is sufficient to say that such evidence was admissible under s. 27 of the Evidence Ordinance which reads: When any fact is deposed to as....
Learned counsel while inviting my attention towards the statements of Investigating Officers namely Kishan Singh (PW-1) and Kishna Ram (PW-2), has submitted that from their evidence, it is clear that except the information supplied by co-accused and the confessional statements of the petitioner recorded while in police custody, no other evidence is available on record to connect petitioner - Sunil Kumar with the commission of crime. It is also argued that it is well settled that the information given by co-accused while in police custody is not admissible in evidence.
It is also argued that it is well settled that any information given by co-accused while in police custody is not admissible in evidence. Learned counsel for the petitioner has invited attention of this Court towards the statements of Investigating Officer PW-2 Hanuman Ram and argued that the Investigating Officer also, in his courts statements, has specifically admitted that except the information given by the co-accused while in police custody, no other evidence is available on record to connect the petitioners with commission of crime.
It is also submitted that it is well settled that any information supplied by co-accused, while in police custody, is not admissible in evidence. Learned counsel for the petitioners has submitted that except the said piece of evidence, no other evidence is available on record to connect the petitioners with commission of crime.
It is submitted that it is settled that the information supplied by accused person while in police custody is not admissible in evidence. It is submitted that now the statements of Investigating Officer Mohan Singh have been recorded before the trial court as PW-1, wherein he has specifically stated that no independent evidence except the information supplied by accused Pankaj, while in police custody, is available against the petitioners.
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