Court reinforces the inadmissibility of call recordings without consent, stressing privacy under Article 21 of the Constitution of India.
The Telangana High Court has reaffirmed the importance of privacy rights, dismissing the petitions filed by Kanaparthi Ganga Srinivas seeking to admit electronic evidence without the requisite certification in a divorce case against Indoori Sravani. The case revolves around Srinivas's attempt to use electronic evidence, including call recordings, to substantiate claims of cruelty for divorce under the Hindu Marriage Act, 1955.
Presiding over the Civil Revision Petitions Nos. 247 and 253 of 2025, Justice Namavarapu Rajeshwar Rao upheld the trial court's decision, emphasizing that electronic evidence must comply with Section 65-B of the Indian Evidence Act, 1872. The court highlighted that recordings made without the consent of the other party breach the right to privacy guaranteed under Article 21 of the Constitution.
Srinivas's petitions included a set of documents, such as medical records and travel tickets, which he claimed were crucial for proving cruelty. However, the trial court observed that these documents, reflecting normal marital life, were irrelevant to the allegations of cruelty. Justice Rao agreed with the trial court's assessment, noting that the documents did not substantiate any claims of cruelty and instead indicated a cordial marital relationship.
The court also dismissed Srinivas's argument regarding the authenticity of the call recordings, which he claimed had been verified by Truth Labs. Without the necessary Section 65-B certification, the recordings remain inadmissible.
Sravani's counsel supported the trial court's decision, arguing that the petitions lacked merit. The High Court's judgment reinforces the legal standards for electronic evidence and the protection of individual privacy in judicial proceedings.
This decision underscores the judiciary's commitment to uphold privacy rights and ensure that electronic evidence complies with statutory requirements. The High Court's ruling serves as a reminder of the importance of consent and certification in the admissibility of electronic records in legal cases.
Bottom line:-
Electronic evidence, including call recordings, must comply with the provisions of Section 65-B of the Indian Evidence Act, 1872, for admissibility. Recording calls without consent violates the right to privacy under Article 21 of the Constitution of India.
Statutory provision(s): Section 65-B of the Indian Evidence Act, 1872; Article 21 of the Constitution of India; Section 13(1)(ia) of the Hindu Marriage Act, 1955; Order VII Rule 14(3) and Section 151 of the Civil Procedure Code, 1908
Kanaparthi Ganga Srinivas v. Indoori Sravani, (Telangana) : Law Finder Doc id # 2938308
