Call Recording Evidence in False Promise of Marriage

Call Recording Evidence in False Promise of Marriage is now admissible in Indian courts. Learn how the Supreme Court’s latest ruling impacts Section 69 BNS and live-in relationship cases

On July 14, 2025, the Supreme Court of India delivered a pathbreaking verdict in Vibhor Garg v. Neha, ruling that secretly recorded phone conversations between spouses can be used as evidence in matrimonial disputes. This ruling marks a major shift in how courts will evaluate electronic evidence in cases involving false promise of marriage under Section 69 of the Bharatiya Nyaya Sanhita (BNS) and live-in relationships.

The Court overruled the Punjab & Haryana High Court, which had rejected such recordings on grounds of privacy violation, stating instead that the right to a fair trial must prevail over the right to privacy in certain matrimonial contexts.

Supreme Court Judgement and Call Recording Evidence in False Promise of Marriage

The Facts Behind the Judgment

In this case, a husband filed for divorce and submitted call recordings and transcripts of conversations with his wife, recorded without her knowledge. The Family Court allowed the evidence, but the High Court reversed the decision, citing violation of Article 21 – the right to privacy.

However, the Supreme Court held otherwise. It clarified that Section 122 of the Indian Evidence Act, which generally protects marital communication, explicitly permits such disclosure in suits between spouses, including divorce or criminal allegations like cruelty.

Key Legal Principles from the Supreme Court

Here’s how the Supreme Court’s reasoning makes this judgment transformative:

1. Not All Privacy Is Absolute:
   The Court held that privacy rights do not override fair trial rights when both are in conflict. If evidence is crucial to prove a claim, it must be admitted—even if secretly recorded.

2. Section 122 Evidence Act – No Bar in Matrimonial Suits:
   Communications between spouses are protected only until they’re not litigating. Once in court, spouses can disclose conversations without the other’s consent.

3. Family Courts Have Wider Discretion:
   Under Section 14 of the Family Courts Act, Family Courts can accept any evidence deemed necessary, even if not strictly admissible under the Indian Evidence Act.

4. Precedents Back It:
   The Court referred to cases like Yusufalli Nagree and R.M. Malkani, which upheld the admissibility of even illegally obtained audio recordings, if relevant.

Why This Matters for Section 69 BNS Cases

Section 69 BNS deals with false promise of marriage, a charge that often involves conflicting versions and private conversations between partners. These cases are typically word-against-word scenarios with little third-party evidence. In such contexts:

1. A man accused under Section 69 BNS can now submit call recordings that demonstrate:

• • Absence of any promise of marriage
  • Consent was mutual and informed
  • The complainant acted in bad faith or misused the relationship

2. Call recordings can help quash false FIRs or build a strong defense for anticipatory bail.

This ruling also extends to live-in relationship disputes, where parties often lack formal documentation or witness testimony. If the conversation captured reflects mutual understanding and no coercion or deceit, it can decisively impact the outcome.

Guidance for Men Facing False Promise Allegations

If you’re falsely accused of making a false promise to marry under BNS Section 69:

• Preserve all digital communications: WhatsApp chats, voice messages, emails, and call recordings.

• Ensure authenticity: As per Section 65B Evidence Act, recordings must be supported by a certificate.

• Avoid tampering: Courts are strict about manipulation—recordings must be original and verifiable.

Remember, while privacy is protected, truth and justice come first in matrimonial proceedings.

 Read: What Does Section 69 BNS Say? Full Legal Breakdown and Explanation

Conclusion: The Road Ahead for Electronic Evidence

The Supreme Court’s ruling is a watershed moment for Indian family law and men’s rights in matrimonial litigation. It brings clarity to a gray area—affirming that call recording evidence in false promise of marriage cases is not just valid, but often crucial.

By striking a balance between privacy and fair trial, the Court has laid the groundwork for more transparent and fact-driven outcomes in sensitive personal disputes.

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Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should not act or refrain from acting based on any information on this site without seeking professional legal advice.