Secret Call Recordings as Evidence in Litigation and Arbitration
A secret phone recording surfaces in a dispute or an arbitration. Can it be used? Indian law asks three questions in sequence. Is the recording relevant? Is it proved under Section 63 of the Bharatiya Sakshya Adhiniyam? What is it worth? Privacy, the objection raised first, controls none of these stages. We trace years of doctrine from Pratap Singh to Vibhor Garg, compare England, the US and Singapore, and set out what a person/legal team must preserve before relying on a recording.
