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.
CISSP, CISA, CFCE, FCMA, CFE
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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.none