Allahabad HC Says Recorded Phone Conversation Is Admissible Evidence, Even If Obtained Illegally

Lucknow, September 3: The Lucknow bench of the Allahabad High Court has held that the recorded phone conversation is an admissible piece of evidence and it cannot be discarded even if it is obtained illegally. “The communication between the mobile phones of two accused persons when recorded on a digital voice recorder after putting the call on speaker will not amount to interception,” the bench said.

The bench of Justice Subhash Vidyarthi passed the verdict on a revision plea moved by the former CEO of Fatehgarh Cantonment Board, Mahant Prasad Ram Tripathi.

The entire case was based on recording of phone conversation

The trial court had rejected the petitioner’s discharge application seeking clean chit in a bribery case. The petitioner had approached the HC against the trial court’s order saying that the entire case was based on recording of phone conversation which was obtained illegally.

Not affect the admissibility of the recorded conversation

Rejecting the petitioner’s revision plea, the bench observed, “Whether the telephonic conversation between the two accused persons was intercepted or not and whether it was done legally or not -- this would not affect the admissibility of the recorded conversation in evidence against the petitioner.”

Evidence cannot be refused to be admitted by the court

“The law is clear that evidence cannot be refused to be admitted by the court on the ground that it had been obtained illegally,” the bench said. The petitioner was accused of seeking a Rs 1.65 lakh bribe through a member of the Cantt Board. The CBI had recorded a telephonic conversation between the two accused on a digital voice recorder, after one of the accused put the phone on speaker.