Phone Calls & Digital Evidence in Rarest of Rare Cases
evidence mh_cet_law intermediate hypotheticalSuppose a person A commits a heinous crime, say, a murder, in Maharashtra, but before doing so, s/he makes a phone call to friend B confessing the crime. Friend B, unaware of what the caller intended to do, casually records the call without the caller's consent, which is not uncommon in India. Later, when police investigate the crime, they get hold of the audio record, which is a crucial piece of evidence against person A.
In a scenario where such evidence is submitted, how would the court treat this digital evidence under the Evidence Act, 1872 and the Information Technology (IT) Act, 2000 / Maharashtra Control of Organized Crime Act, 1999? Would the recording be admissible as evidence, considering it was not the caller's consent?
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