Music as Evidence: The Use of Songs, Recordings, and Lyrics in Courtrooms

On World Music Day, it is fascinating to consider not just the emotional and cultural power of music, but also its role in the legal system. While music is primarily a form of artistic expression, in certain situations, songs, audio recordings, and even lyrics can become key pieces of evidence in courtrooms.

The Indian legal system, like many others across the world, acknowledges the admissibility of sound recordings and written content when they are relevant to a case. Music—often seen as entertainment—can play a serious role in criminal trials, civil suits, intellectual property disputes, and even constitutional matters related to free speech, obscenity, and defamation.

Let us explore how courts in India treat music as evidence, the rules governing admissibility, the kinds of legal cases where music is used as evidence, and how musicians, litigants, and the public can better understand the legal weight of musical content.

🎧 What Constitutes Music Evidence?

In the legal context, music can appear in various forms as evidence:

• Audio recordings (e.g., phone conversations, confessions, threats)

• Songs or jingles used in advertisements (in trademark/IP disputes)

• Lyrics written or posted publicly (in defamation, sedition, or obscenity cases)

• Performances or videos containing music (used in copyright or obscenity claims)

• Background music in videos or film content (relevant to licensing or attribution disputes)

Such content can be digital or analog, found on platforms like YouTube or WhatsApp, or stored on CDs, pen drives, or cloud storage.

⚖️ Legal Admissibility of Music and Audio Recordings

The Indian Evidence Act, 1872, amended to address digital evidence, permits the use of electronic records, including sound recordings. Key provisions include:

• Section 65B: Provides the framework for admissibility of electronic records. The party seeking to introduce a recording must produce a certificate under Section 65B(4) to show authenticity, device details, and a chain of custody.

• Section 3: Defines “evidence” to include digital records that can be presented to the court.

For instance, if a threatening voice message is used in a criminal case, the party must prove:

• That the recording is original or a reliable copy

• That the device used was operational

• That there has been no tampering

• That the voice can be identified and linked to the accused

Without satisfying these conditions, a musical or audio recording may be rejected as inadmissible.

🔍 Common Legal Scenarios Involving Music as Evidence

1. Criminal Investigations and Trials

• Threats or confessions made in the form of a voice message or song

• Sting operations using musical background to disguise real conversations

• Lyrics inciting violence or hatred, especially in online posts

• Use of musical performance or gatherings to provoke riots or sedition (covered under IPC Sections 153A, 124A)

2. Copyright and IP Disputes

• A party may claim that their song or melody has been stolen or copied

• Audio comparison becomes crucial to show similarity in tune, lyrics, or arrangement

• Courts may appoint expert musicologists to determine plagiarism

Example: In the Gramophone Co. of India Ltd. v. Super Cassettes Industries case, disputes arose over song copyright ownership and unauthorized duplication.

3. Defamation or Obscenity Cases

• Music with explicit lyrics or controversial references can lead to criminal complaints under IPC Sections 292–294 (obscenity), 499 (defamation), or the IT Act

• The context, intent, and reach of the lyrics are all considered

• Courts examine if the content passes the “community standards test” and whether it’s protected under Article 19(1)(a) of the Constitution (freedom of speech)

4. Family or Divorce Proceedings

• In rare cases, audio clips with music (such as songs sent over chats or voice notes) may be used to prove infidelity, harassment, or abusive behavior

• Their authenticity and relevance must be established clearly

🏛️ Landmark Judgments Involving Audio Evidence

1. Tukaram S. Dighole v. Manikrao Shivaji Kokate (2010)

   • Supreme Court upheld that audio cassettes of speeches could be used to prove defamatory remarks in an election petition.

2. State (NCT of Delhi) v. Navjot Sandhu (2005) (Parliament Attack case)

   • Recognized electronic records as secondary evidence; clarified that even if Section 65B certificate is absent, courts may consider content if authenticity is not disputed.

3. K.S. Puttaswamy v. Union of India (2017)

   • While not directly about music, this case emphasized privacy and data protection, relevant when recordings are made without consent.

🎙️ Can Lyrics Be Criminal?

Yes. While songs are creative expressions, in certain contexts, lyrics can be interpreted as inciting hatred, violence, or sedition, depending on their content and platform.

Recent controversies involving Punjabi rap songs with alleged references to drugs or violence, or political protest music, have sparked legal debates.

However, courts also recognize the importance of artistic freedom and apply careful scrutiny before labeling lyrics as illegal. The Supreme Court in Shreya Singhal v. Union of India (2015) struck down Section 66A of the IT Act, affirming that vague restrictions on speech—like song lyrics—cannot be imposed arbitrarily.

🧑‍⚖️ How Courts Assess the Use of Music Evidence

When music or sound is presented as evidence, courts evaluate:

• Relevance to the issue in dispute

• Authenticity (including metadata, timestamps, source devices)

• Consent (especially in private recordings)

• Identification (who said or sang what)

• Intent and context (satirical, journalistic, or malicious?)

The court may also appoint forensic audio experts to verify voice samples, digital signatures, or tampering.

🎼 Precautions for Musicians and the Public

1. Think before you publish: If your lyrics or music could be misunderstood as hateful, defamatory, or obscene, seek legal review.

2. Do not record others without consent: Secret recordings, even in a dispute, may violate privacy laws.

3. Retain original copies: If you're relying on music or audio in litigation, maintain the original device or file along with necessary metadata.

4. Use copyright protection: If someone uses your music without permission, you’ll need proof of authorship and date of creation.

👨‍⚖️ Why Barowalia & Associates Understands the Legal Power of Sound

At Barowalia & Associates, we recognize that in today’s multimedia-driven world, music and sound recordings are not merely art forms—they are legally relevant documents.

Whether it’s:

• Assisting artists in copyright claims

• Defending or prosecuting misuse of lyrical content

• Handling criminal matters involving audio threats

• Verifying digital evidence under the Evidence Act

—our team provides experienced, ethical, and technically aware legal support.

We are based in Himachal Pradesh, but serve clients across India, especially those navigating the evolving relationship between law, technology, and artistic expression.

Disclaimer: For information only; AI Assisted; no liability whatsoever.