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How to Prove Mobile Recording in the Court ?

Recording the voice/video communications have become necessary particularly where the proving of the facts in relation to the disputes whether commercial, personal or legal etc. The various issues as to the admissibility, authenticity, veracity or reliability arises and it has been seen in various cases that in absence of proper presentation, the best of evidence fails in the court. The issues which arises as to in what circumstances these voice/video recordings are admissible, whether original mobile phone is required to be preserved, retained or produced in the court of law.

Neeraj Aarora
CISSP, CISA, CFCE, FCMA, CFE
LinkedIn : http://in.linkedin.com/in/neerajcyberlawyer
Facebook : https://facebook.com/neerajcyberlawyer

 

Clearing CISSP exam in first attempt made me a winner in eyes of everyone…. my friends and other acquaintances on various social media sites like face book, LinkedIn and WhatsApp started applauding me and then started pouring in queries as to the how part of preparation. So I decided to summarize my experience in the form of a piece of VIDEO which is now before you.

The right of the accused to get forensic copy of the electronic evidence U/s 207 Cr.P.C. is indefeasible and provided under the Indian constitution. The accused is entitled to equal opportunity and right with prosecution in a criminal trial. The mirror image / forensic copy entitle the accused to get forensic examination of the media in order to prepare his defense.

How the terms mirror image, forensic backup, forensic copy, clone copy should be interpreted in the computer forensic and also in the forensic report during trial in civil/criminal cases.

Media Sterilization is a essential part of computer forensic process or media disposal. If media is not sterilized properly, the forensic output would be contaminated and in case of disposal of media, sensitive data may be leaked.

Compliance to Section 65B Indian Evidence Act is mandatory for Admissibility of Electronic Evidence which is secondary i.e. Computer Printout, CD/DVD etc.

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2 Responses to Videos

  1. Shyam M says:

    Hello Sir,
    Happy New Year to you & all in your family.

    Congrats, I have come across your side through youtube, I am really happy you have cracked CISSP exams, my only request to you, If you have CISSP Audio latest edition, since I had been searching this Audio files but couldn’t get through, if you have the link or Audio files, pls do share with me, since I need while on my free time to fill the gaps from the left over.
    Hope you don’t mind on my request.

    Regards,
    Shyam M.
    +91 9004 350171.

  2. You can download shon harris cissp audio files from the net, I do not remember the link.

    Regards
    Neeraj Aarora

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