Recording Telephonic Conversation Violates Right to Privacy, Rules Chhattisgarh High Court

The Chhattisgarh High Court has ruled that recording telephonic conversation is unconstitutional as it violates the right to privacy under Article 21 of the Constitution. The High Court also scrapped a previous order, which allowed recording of phone calls as evidence.

The High Court held the order in a case involving the maintenance claims of a petitioner, a wife, under Section 125 of the Criminal Procedure Code (CrPC). The case, which has been pending since 2019, took a unique turn when the husband, the respondent, sought to re-examine the petitioner by presenting a recorded conversation from his mobile phone as evidence.

The High Court adjudged that telephone tapping could potentially infringe upon this constitutional right unless it adhered to the procedure established by law after critically examining the legal and constitutional implications of allowing such evidence.

In the wake of the compelling arguments, the High Court held a position that the husband”s act of recording his wife”s conversation without her knowledge amounted to a violation of her right to privacy, as guaranteed under Article 21 of the Constitution. The Court stressed the right to privacy as an essential component of the right to life, as outlined in Article 21 of the Constitution.

The High Court also quashed the lower court”s order that had permitted the husband to present the recorded conversation as evidence.

This ruling by the Chhattisgarh High Court is a significant development in the legal landscape of India. It upholds the right to privacy as a fundamental right under the Constitution and sets a precedent for other cases involving the recording of telephonic conversations.