It has been held by the Supreme Court In R.M. Malkani v. State of Maharashtra that a contemporaneous…

In R.M. Malkani v State of Maharashtra (1973) the Supreme Court held that a contemporaneous tape-record of a relevant conversation is a relevant fact admissible under section 8 of the Indian Evidence Act, and that it is "res gestae", comparable to a photograph of the incident. The recording is the original record of the conversation, not hearsay or secondary evidence, and it is not a confession. Section 8 of the Evidence Act corresponds to section 6 of the Bharatiya Sakshya Adhiniyam, 2023.