The admissibility of tape recorded statements as evidence in India has been a contentious issue in the legal field. The Indian Evidence Act, 1872, governs the admissibility of evidence in India, and it does not specifically mention the admissibility of tape recorded statements as evidence. However, the admissibility of tape recorded statements as evidence has evolved over time through various judicial pronouncements. This paper seeks to analyze the evolution of admissibility of tape recorded statements as evidence in India, including its introduction, relevant sections of the Evidence Act, and case laws.

Introduction:
Evidence is the foundation of a legal proceeding, and it plays a crucial role in establishing the facts of the case. The Indian Evidence Act, 1872, provides a framework for the admissibility of evidence in India. However, with the advent of modern technology, the admissibility of tape recorded statements as evidence has become a controversial issue in India. The question of whether tape recorded statements should be admissible as evidence is a complex one, as it involves balancing the rights of the accused and the need for justice.

Relevant Sections of the Indian Evidence Act:

The Indian Evidence Act, 1872, does not specifically mention the admissibility of tape recorded statements as evidence. However, Section 3 of the Evidence Act defines evidence as "all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry." This definition is broad enough to include tape recorded statements as evidence.

The admissibility of tape recorded statements as evidence is governed by Sections 45A to 45V of the Evidence Act. Section 45A provides that the opinion of an expert on tape recorded statements is admissible, subject to certain conditions. Section 45B provides that the contents of electronic records may be proved in accordance with the provisions of the Information Technology Act, 2000. Section 45C provides that the authenticity of electronic records may be proved in accordance with the provisions of the Information Technology Act, 2000.

Evolution of Admissibility of Tape Recorded Statements as Evidence:

The admissibility of tape recorded statements as evidence in India has evolved over time through various judicial pronouncements. In the case of R.M. Malkani v. State of Maharashtra (1973), the Supreme Court held that tape recorded conversations could be admissible as evidence, provided they satisfied the tests of relevance, authenticity, and reliability.

In the case of Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdas Mehra (1976), the Supreme Court held that the admissibility of tape recorded statements as evidence depended on the facts and circumstances of each case. The court also held that the burden of proving the authenticity and reliability of the tape recorded statement lay on the party who produced it.

In the case of State (Delhi Administration) v. Pali Ram (1980), the Supreme Court held that tape recorded statements could be used as corroborative evidence, but they could not be the sole basis for a conviction. The court also held that the authenticity and reliability of the tape recorded statement had to be established beyond a reasonable doubt.

In the case of State of Maharashtra v. Damu (2000), the Supreme Court held that tape recorded statements could be admissible as substantive evidence, provided they satisfied the tests of relevance, authenticity, and reliability. The court also held that the burden of proving the authenticity and reliability of the tape recorded statement lay on the party who produced it.

Conclusion:
The admissibility of tape recorded statements as evidence in India has evolved over time, and it continues to be a contentious issue. The Indian Evidence Act, 1872, does not specifically mention the admissibility of tape recorded statements as evidence, but various judicial pronouncements have established guidelines for their admissibility. The courts have held that tape recorded statements can be admissible as evidence, provided they satisfy the tests of relevance, authenticity, and reliability, and that their admissibility depends on the facts and circumstances of each case.

The courts have also held that the burden of proving the authenticity and reliability of the tape recorded statement lies on the party who produced it. As technology continues to evolve, it is likely that the admissibility of tape recorded statements as evidence will continue to be a topic of discussion and debate in the legal field.