Rules for production, use and recording of the Tape-Recorded Evidence in Court incorporated in Criminal Manual issued by the Bombay HC
“24. The Honourable the Chief Justice and Judges, with the previous approval of the Governor under Article 227 of the Constitution of India, are pleased to make the following rules regarding recording of the tape-recorded evidence in Court:
(1) These Rules may be called the Rules for the production, Use and Recording of the Tape-Record Evidence in Courts.
(2) These Rules came into force with effect from 1st August, 1978.
(3) The party producing the tape recorded evidence shall also produce the transcript of the tape record along with the tape.
(4) The Court or its authorised officer who is to accept the tape should accept only such tapes as are under the seal of the party producing them.
(5) Court or such officer shall hear the tape record in order to verify whether the transcript produced alongwith the tape is correct or not and endorse such verification on the transcript record under his signature with date.
(6) The tape shall be kept in safe custody in a cover under the seal of the Court. In case the tape is replayed or the seal is broken for any reason, the tape shall be re-sealed.
(7) The Notice of production of the tape together with the transcript shall be served on the other side through the Court.
(8) Any party to the proceeding may apply to the Court to hear the tape record.
(9) The tape-record would be played within the hearing and sight of an officer appointed by the Court for that purpose and as far as possible in the presence of the other side or its Advocate. The Court on receipt of application may grant the necessary permission. However, the tape shall ordinarily not be played on 3rd or 4th occasion, unless the Court specifically permits hearing of the same. The Court while granting such permission should bear in mind that repeated use and play of the tape may affect the tape and its audibility. The Court may also permit any party to record the voice on the tape, produced in Court, on another tape.
(10) Every Court shall maintain a record showing as to how, when and why the seal of the tape-record was opened and when the tape-record has been resealed. Such record shall be kept in the proceedings alongwith the tape record and its transcript.
(11) The tape in a sealed cover together with its transcript shall be given a separate exhibit.
(12) In Criminal cases where appeal lies to the High Court and when the tape record is not in English, either, wholly or in part, the transcript must be accompanied by an agreed or official English translation of the said transcript or part thereof, as the case may be.
(13) In case of discrepancy or doubt, the Court may direct the tape to be replayed and the transcript record shall be corrected if the Court so directs.
(14) While preparing the paper book for appeal to the High Court the Lower Court shall include therein the transcript in English under Rule 12, and a copy of record referred to in Rule 10 above.
(15) The rules as to the production, preservation and destruction of the Court record should mutatis mutandis apply to the tapes.
(16) The above rules (Rules Nos. 1 to 15) are framed for guidance of the Courts and they should be followed as far as possible and subject to the provisions of the Evidence Act and Code of Civil Procedure.”
IN THE HIGH COURT OF BOMBAY
Criminal Appeal No. 793 of 2013
Decided On: 09.06.2021
Anil Krishnarao Apashingkar Vs. The State of Maharashtra
Hon’ble Judges/Coram:
P.D. Naik, J.
Citation: AIRONLINE 2021 BOM 2759, 2021 ALLMR (CRI) 2273, MANU/MH/1406/2021