Menu

Examining the Value of Secretly Recorded Calls as Evidence in Matrimonial Disputes

Leave a Comment / Publications, Research paper

Abstract

This research tries to examine the evidentiary value of secretly recorded call conversations in disputes, with a special reference to the Hon’ble Supreme Court judgment about the case Vibhor Garg v. Neha. The study analyses the budding relevance of electronic evidence in present day judicial proceedings and about the challenges legally associated with its permissibility. It also ties to focus on interpretation of Sections 65A and 65B of the Indian Evidence Act, 1872 and Section 122 which is related to spousal communications along with focusing on Article 21 of the Constitution of India which guarantees Right to Privacy. The research looks up to the evolving conflict between an individual’s privacy rights and the court’s duty to discover truth and ensure justice. It further confers concerns regarding consent, authenticity, tampering, misuse of digital evidence and fairness in the procedure in litigation of matrimonial disputes. Through doctrinal and analytical methodology, the paper tries to study already present precedents, opinions of scholars and legal commentaries to apprehend the implications of judgment on future disputes. The research also highlights the gap and need for stricter safeguards, forensic standards. Clearer legal guidelines for determining the admissibility and authenticity of electronic records is also suggested. It concludes by settling that electronic evidence can play a significant role in revealing truth in sensitive disputes. But, courts must maintain a careful balance between technological advancement, constitutional rights and judicial integrity to ensure fairness and justice in the evolving new age digital era.

Key words

  1. Electronic Evidence
  2. Call Recordings
  3. Right to Privacy
  4. Matrimonial Disputes
  5. Section 65B
  6. Admissibility of Evidence
  7. Digital Authenticity

Introduction

Can secretly recorded calls hold an evidentiary value in the court of justice? Where is the principle of consent? The Hon’ble Supreme Court gave its decision on this domain recently, in the case of divorce petition of Vibhor Garg. The Hon’ble Supreme Court held the fact that the conversation recorded without the consent and knowledge of the recorded person is not a prohibition for the admission of it as an evidence. The court allowed that the conversation between the parties was relevant for the adjudication. These conversations are not barred and it does not amount the breach of privacy to the person of whom conversation have been recorded. The electronic evidences are a part of Section 65B[1] of the Indian Evidence Act, 1872. A call recording comes under the ambit of electronic records, if the conditions in Section 65B meets it could be deemed to be document, verified for legal purposes. Now, comes into picture Article 21[2] which is right to privacy, if there is no consent present, the court can sometimes not admit it as an evidence. The electronic evidences can be prone to tampering and so court can stop it from being an evidence. Telephonic conversations are not private anymore, it can be collected and used as judicial evidence. In the judgement of K.S. Puttaswamy vs. UOI[3], the Hon’ble Supreme Court laid down the proportionality and legitimacy principles which can help in determining the legality of the recorded conversations on call recordings. By giving this judgement of allowing the secretly recorded call recordings the Hon’ble Supreme Court held the admissibility of these conversations in acquiring justice. It tells how the court has established an intricate balance in privacy of an individual and importance of prevailing the truth. But, there are always doubts of authenticity, consent and violation of privacy. At this point this judgment of Vibhor Garg vs Neha[4] it holds a point of discussion about how the courts should use them.

RESEARCH METHODOLOGY

The research is doctrinal, as it relies on the existing laws and precedents and judicial interpretation. The main components include the Indian Evidence Act, 1872 in which Sections 65(A) and 65(B), judgements of the related issues, Article 21 of the Indian Constitution. Other sources as secondary research materials like blogs and journal commentaries on the case and its judgement which gives room to various interpretations on this topic. The methodology is descriptive and analytical as it analyses the different interpretations on the judgement of Vibhor Garg vs. Neha. Also uses evaluation to discuss how the court balances the private rights and truth in the court proceedings.

LITERATURE REVIEW

During this research, the researcher will examine the scholarly work, articles and blogs on same topic. Their influence, effects and learnings are mentioned in the following section of this piece.

  1. Secretly Recorded Conversations May Be Evidence, But Erode Spousal Trust, The Hindu (July 24, 2025)

In a divorce case the Hon’ble Supreme Court has accepted conversations of a couple secretly recorded by the husband to prove that he has suffered from mental cruelty, raising concerns about the injustice occurred to the wife and her private rights along with giving power to domestic surveillance.

  •  Adv. Siddhant Kuwad, Secretly Recorded Conversations of Husband and Wife Now Admissible Evidence in Matrimonial Disputes – A Game Changer for Divorce Proceedings, theedulaw.in, July15, 2025

The case has fundamentally altered the scope of matrimonial litigation, by ruling that the evidence is permissible in the proceedings. The author discusses how this case brings the much needed clarity for the issue. The judgement would bring honesty and evidence based approach of the court.

  • Alok Prasanna Kumar, No Privacy in a Marriage, Economic and Political Weekly, July 19,2025

Discusses the courts broad sweeping narratives miss the little nuances to address a very complex legal issue for  balancing competing principles. The author tries to convey that it seems that marriage puts an end to right to privacy between spouses.

  • Rudraksh Lakra, Nidhi Jha, Privacy, Patriarchy, and the Power: A Feminist and Constitutional Critique of Vibhor Garg v. Neha, papers.ssrn.com, July 26, 2025

This piece of work criticizes the  judgement as it sets a doubtful precedent by not     

counting the questions of privacy, consent and power in a matrimonial relationship. Also draws a feminist legal theory, how it disproportionately harms women and defying informational autonomy within intimate relationships.

  • Siddhant Patra, Evidentiary value of Telephone Conversations: A Study on Greece and India, papers.ssrn.com, April 24, 2023

Call recordings can be used to verify someone spoken statements. The records with the intention to hurt someone are unethical, against the law if recorded without the permission of the speaker itself. This act of recording without consent is unethical and the doer can be punishable for upto 10 years of imprisonment.

  • Electronic Evidence in Courtroom: A Lawyer’s Manual, By Yuvraj P Narvankar, Published in 2025

Covers the life of an electronic evidence, from analysis to assessment and final discretion of the judge. Practical techniques and tools formats and precedents making it important for the topic in hand.

  • Aparna Raj, and Nishi Mehta, Turning a Blind Eye on Evidentiary Value of Phone Tapping in India

Telephonic surveillance is a controversial issue, Indian courts have looked into the ethical perspective of phone tapping in India. The action is committed in public and private interest. In new definition a call recording comes under the bounds of electronic evidence.  

  • Amar, Tanmay (2005), Matrimonial Communications: Wedded to the Irrational, National Law School India Review

Section 122 finds the rationale to be the protector of the marriage institution. It deals with the conversations between spouses.

SCOPE & METHOD OF RESEARCH

This doctrinal research discusses the judicial interpretation of evidentiary value of call recordings in family disputes which will be analysing various opinions, judge’s opinions and the common people’s opinion by viewing their commentaries on blogs and articles.

Geographical scope

This research will only be based and limited in India. The case discussed, the articles and blogs referred would all be Indian.

Variables

The key variables would be nature of call recording, purpose of the party for recording it, the dispute associated. Reliability, and the admissibility of these kind of evidences. Impact on the personal private rights of one party, legality without consent. Acts and articles referred, precedents and the case analysis of this case.

Limitations

As it a doctrinal research based on existing laws of the country. It relies on already existing statutes, case laws and judgements. There is less scope for the empirical data, analysis of interviews and statistics of the same. Since, law is evolving in the domain of virtual evidences this may be subject to change in the future.

RESEARCH QUESTIONS

  1. Under what conditions the call recordings can be admissible in courts? What can the test to examine the conditions? How will court distinguish between real or tempered evidence?
  2. How the court balances the right to privacy with the truth and justice? Should there be stricter and clearer laws to determine the admissibility?
  3. What was decided in the judgement of Vibhor Garg vs. Neha? What effects will it make on the future of electronic evidences and its admissibility in the courts?

OBJECTIVES OF THE RESEARCH

The following are the objectives of my research:

Objective 1: To discuss the conditions under which electronic records are admissible as evidence in the courts.

Explanation: This objective will discuss conditions for the courts to use it as a valid evidence. How the court would interpret these conditions and on what legal accounts it will be admissible? Thoroughly analysing the conditions and issues that it can be admissible.

Objective 2: To discuss the court’s dilemma between right to privacy and upholding the justice in the judicial proceedings.

Explanation: This research would analyse the court discretion of choosing between personal private rights and providing the justice who is seeking it. There is a conflict between Article 21 and examining the cruciality of the evidence to hold truth.

Objective 3: To examine how the court will distinguish between real and tempered electronic evidences.

Explanation: In this objective, it is important to see how the law will prevent manipulation and prevent tempering of the substance. Will the court admit the misused evidences or there is a procedure to check the authenticity of proof given.

Objective 4: To analyse the recent case of Vibhor Garg vs. Neha and its application for the admissibility in future cases.

Explanation: This is to examine the importance of this judgement of Hon’ble Supreme Court and principles which it laid down to see legality of evidence presented. How this case can influence the future of evidences used in family disputes in the court rooms.

Objective 5: If there should be stricter and concrete laws and rules for determining authenticity of the evidence admissibility. To suggest reforms for the lacunae.

Explanation: The objective is to examine, the laws and rules for determining the authenticity, that what is criteria for presenting in the court in the form of proof. Also, to suggest alternative reforms to the lawmakers, because we live in an electronic era where it is not easy to remove a digital footprint.

CENTRAL ARGUMENT

Call recordings, a very private matter but in the scope of law can be a very important instrument on uncovering the truth and seeking justice. The nature of evidence is very complex, and proving cruelty, harassment or disturbed relationship can be very difficult to prove in some other way.  So, it is in the hands of the court to balance private rights with the principles of justice and knowing truth. The very case of Vibhor Garg vs. Neha, uncovers that court cannot merely dismiss an evidence just because it breaches the privacy of one person, it has to be authentic, lawfully proved relevant for the purpose of entering the court and admissible as an evidence. Again, the question of subjectivity arises, as there are no stricter laws and regulations that this is the criteria under which lawful admissibility arises. By these regulations, there can be prevention of tampering and invasion of personal liberty. This can also help in the future judicial proceedings. Therefore, the argument is that how court will establish the balance between personal right with the broader idea of justice.

During these times of technological advancement, it is still unanswered as to how these call recordings find the way to court rooms. If these call recordings are admissible in the court, then of course the question arises as to what extent these are open for judicial decision. The main concern is about consent of the individual who is been recorded as it can violate the right to privacy under the fundamental rights. Then what about the legality of admissibility of it in the courts as it may be the only way to find the truth. Also, these kinds of evidences are prone to manipulation and tampering, that can be a serious issue of checking the validity and the authenticity. In the case of Vibhor Garg vs. Neha which is a matrimonial dispute, while these in these disputes the electronic records tell the true nature of their relationship it also makes a question to confidentiality of matrimonial relationship.

By using the electronic evidence, spouses often prove the cruelty or harassment and even the disputes. It is a question before the law that should it prioritize the sanctity of relationship or the truth in the proofs presented to the courts. The court needs to balance justice, privacy of relationships between the spouses and the judicial integrity of the courts in India. Modern relationship may use these types of evidences to proof something as it may be the only way to proof the truth in front of the court. This case shed light on how and what circumstances can the recording used as an evidence.

Legal Framework Related to Electronic Evidence

The framework of law regarding electronic evidence in India is mainly governed by Section 65A & 65B of the Indian Evidence Act, 1872. Such sections were inserted into the Act by the Information Technology Act, 2000. Section 65A provides specific provisions for the authentication of electronic records. On the other hand, Section 65B provides the guidelines under which emails, WhatsApp messages, voice messages, CCTV footages and digital documents will be accepted as electronic evidence. Under Section 65B, there exists a requirement of obtaining a certificate to prove that the device from where electronic evidence is collected was working properly at that time. Hon’ble Supreme Court explained the importance of obtaining the mentioned certificate in Anvar P.V. v. P.K. Basheer[5]. Besides this, Section 122 of Indian Evidence Act provides protection to private communications between spouses during marriage and such communication cannot be disclosed during matrimonial proceedings except for certain conditions. Apart from this, Right to Privacy has been granted as a Fundamental Right under Article 21 of the Constitution of India.

Analysing the challenges and concerns

Incorporation of electronic evidence in a legal dispute has posed certain important issues related to privacy, authenticity, and fairness of process. One of the important issues that arise in relation to electronic evidence is violation of Right to Privacy granted to citizens under Article 21 of the Indian Constitution. In particular, disclosure of private conversations, emails, photographs, and call recordings in court may breach individuals’ rights and dignity, particularly in matrimonial suits. The other issue is the potential danger of tampering, manipulation, or editing of evidence as the digital record is prone to being modified. There is no way of determining whether electronic evidence is authentic. It is therefore essential to follow provisions laid down by Section 65B of the Indian Evidence Act to prove authenticity. Furthermore, procedural problems like absence of required technical skills and difficulties in obtaining electronic certificates, as well as incorrect handling of the device, are some other impediments which may cause delay of justice. Besides, there is always the issue of injustice as one party might resort to blackmailing of the other using their private information.

Suggestions

The discussion about the necessity of reforms in the legal framework regulating the admissibility of digital evidence in order to strike a balance between privacy rights and the genuineness of the electronic documents. The frequent use of electronic communication in court cases, particularly in matters of marriage, necessitates having a set standard that separates the right to privacy of an individual from the admissibility of electronic documents in court. The necessity of having a complete and fearful framework which can lay down the standards to ascertain whether the digital evidence is genuine and reliable becomes imminent. Some standards might include certification processes, forensic checks, and appropriate measures to protect the digital evidence against any alterations or manipulations by unauthorized persons. The other issue is the provision of adequate measures to curb any misuse or abuse of digital information. This measure is important because altered information could jeopardize the justice process of a case in court. Finally, it is imperative to train the judiciary personnel including the judges, lawyers, police force, among others, on how to handle technological evidence since it entails some technicalities.

Conclusion

In conclusion, the chapter will stress that the rising significance of electronic evidence cannot be overlooked, especially when there is a matrimonial or family dispute, wherein there are high chances of reliance on electronic evidence as a source of fact finding or intention. Therefore, the need for legal reformations and safeguarding measures for the purpose of maintaining the credibility and reliability of electronic evidence needs immediate attention. Steps like using the best methods for verification of the evidence, collecting data through secured sources, compulsory adherence to the guidelines laid down in Section 65B of the Indian Evidence Act and taking preventive steps from possible tampering with electronic record may prove helpful for maintaining justice within the judicial proceedings. The importance of judicial decisions regarding the admissibility of electronic evidence and its relationship with Article 21 of the Indian Constitution cannot be undermined. In fact, such decisions have played a significant role in deciding the course of relationship between technological developments and law, as it involves an important issue of right of privacy that must be taken care of by the judiciary at the time of deciding any family case.

REFERENCES

BOOKS:

  1. Bangia, R.K. Law of Evidence, (12th ed. Allahabad Law Agency, 2021)
  2. Yuvraj P. Narvankar, Electronic Evidence in the Courtroom: A Lawyer’s Manual (2nd ed. LexisNexis 2025)
  3. Pawan Duggal, Cyber Crime and Evidence, (2nd ed Universal Law Publishing 2019)
  4.  Batuk Lal, Law of Evidence, (25th ed. Allahabad Law Agency, 2020)

JOURNALS and ARTICLES

  1. Amar, Tanmay (2005), Matrimonial Communications: Wedded to the Irrational, National Law School India Review: Vol. 17: Iss. 1, Article 5
  2. Aparna Raj, and Nishi Mehta, Turning a Blind Eye on Evidentiary Value of Phone Tapping in India. https://ijalr.in/volume-1/issue-3-2/turning-a-blind-eye-on-evidentiary-value-of-phone-tapping-in-india-by-aparna-raj-nishi-mehta/
  3. Patra, Siddhant, Evidentiary Value of Telephone Conversation; A Study on Greece and India (August 1, 2022)
  4. Lakra, Rudraksh and Jha, Nidhi, Privacy, Patriarchy, and the Power: A Feminist and Constitutional Critique of Vibhor Garg v. Neha, (July 26, 2025)
  5. https://doi.org/10.71279/epw.v60i29.45324 (No privacy in a marriage)
  6. https://www.theedulaw.in/content/judgements/163/Secretly-Recorded-Conversations-of-Husband-and-Wife-Now-Admissible-Evidence-in-Matrimonial-Disputes—A-Game-Changer-for-Divorce-Proceedings
  7. https://www.thehindu.com/opinion/op-ed/secretly-recorded-conversations-may-be-evidence-but-erode-spousal-trust/article69847449.ece#amp_tf=From%20%251%24s&aoh=17588930603936&referrer=https%3A%2F%2Fwww.google.com&ampshare=https%3A%2F%2Fwww.thehindu.com%2Fopinion%2Fop-ed%2Fsecretly-recorded-conversations-may-be-evidence-but-erode-spousal-trust%2Farticle69847449.ece

STATUTES and LEGISLATIONS

  1. Section 65A, Indian Evidence Act, 1872
  2. Section 65B, Indian Evidence Act, 1872
  3. Section 122, Indian Evidence Act, 1872
  4. Information Technology Act, 2000

CASE LAWS

  1. Vibhor Garg v. Neha, (2025) INSC 829
  2. K.S. Puttaswamy v. Union of India, AIR 2017 SC 4161
  3. Anvar P.V. v. P.K. Basheer (2014), 10 SCC 473
  4. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal AIR 2020 SC 4908
  5. State (NCT of Delhi) v. Navjot Sandhu (2005), 11 SCC 123
  6. S. Pratap Singh v. State of Punjab AIR 1964 SC 291
  7. https://www.casemine.com/judgement/in/5608f8aee4b0149711142f53
  8. Shafi Mohammad v. State of Himachal Pradesh (2018), 12 SCC 106

 Priyanshee Pareek

2025-2030 Batch

Gujarat National Law University, Silvassa

[1] Indian Evidence Act, 1872.

[2] Indian Const. art. 21.

[3] K.S. Puttaswamy v. Union of India AIR 2017 SC 4161.

[4] Vibhor Garg v. Neha, 2025 INSC 829.

[5] Anvar P.V. v. P.K. Basheer, A.I.R. 2015 S.C. 180.

Leave a Comment

Your email address will not be published. Required fields are marked *