Your Phone Conversations can be Used in Court be careful what you say

Many people still think that once they hang up a call, the conversation disappears forever but in law, that’s not always true.

Your phone conversations yes, your voice calls, WhatsApp voice notes, and even audio recordings can be used as evidence in court, provided they were obtained legally.

The Evidence Act 2011 recognizes electronic evidence this includes phone recordings, text messages, WhatsApp chats, and emails.

So, if a recording can be proven to be authentic (not doctored, and properly linked to the person who made the statements), it is admissible. For instance:

• If you threaten someone over the phone, that recording can be tendered in court.
• If you admit owing money or confess to wrongdoing during a call, that recording can be used against you.
• Even a business agreement reached over a voice note can be presented as proof of contract.
  But here’s the key part the recording must be obtained lawfully.

This means you cannot secretly bug another person’s phone or tap private calls illegally. That would breach their right to privacy under Section 37 of the 1999 Constitution.

However, if you’re part of the conversation meaning you were one of the callers recording the call for your own record is not illegal. You don’t even need the other person’s permission, though ethically it’s better to inform them.

So when you speak on the phone, speak wisely.
Don’t say things you wouldn’t want to see played in open court someday because as we say in law the court may forget the face, but not the voice.
The world has changed. Evidence has evolved.
That “small voice note” or “short phone rant” could one day stand as your testimony or your undoing.