INTRODUCTION
The rapid growth of digital communication has significantly transformed the way people interact with each other and exchange information. Messaging platforms such as WhatsApp and Instagram have become common mediums for personal as well as professional conversations. In a few years, a growing ‘screenshot culture’ has emerged where people capture screenshots of their chats and share them on social media or present them as evidence in legal disputes. Such screenshots are used to prove the claims of harassment, defamation, and contractual disagreements. This development raises an important legal question: can private digital chats and their screenshots be treated as admissible evidence in the eyes of the court of law? The answer largely depends on the legal framework governing electronic evidence under the Indian Evidence Act 1872, and its modern counterpart, the Bharatiya Sakshya Adhiniyam 2023.
ELECTRONIC EVIDENCE IN THE DIGITAL AGE
With the increasing development in digital communication, electronic records have become an essential form of evidence in modern legal proceedings. Electronic evidences are referred to any kind of information stored, transmitted, or received in digital form. It can include:
a) Emails are exchanged through different digital platforms.
b) Chat messages and private conversations on applications such as WhatsApp and Instagram.
c) Screenshots of conversations or online posts are often used to capture the digital communication and later used as electronic evidence.
d) Digital files and multimedia content, including images, videos, audio recordings, and documents stored digitally.
The legal recognition of such evidence is provided in the Indian Evidence Act 1872[1] sections 65A and 65B, in which the procedures are laid down for proving the evidence. Similarly, now the Bharatiya Sakshya Adhiniyam 2023[2] acknowledges the electronic records and establishes rules about the admissibility and authenticity of the evidence in a judicial proceeding.
CAN SCREENSHOTS BE ADMITTED AS EVIDENCE?
In today’s world, people often use screenshots of private conversations or online posts as evidence in court cases to support their claims. Whether these screenshots are allowed as evidence depends on specific rules about electronic records. Under the Indian Evidence Act of 1872, screenshots are considered electronic evidence because they are a copy of the original digital record. According to Section 65B of the Act, electronic evidence can only be used in court if it comes with a Section 65B certificate. This certificate says that the evidence was produced in a way. A person in charge of the device or system that created the evidence issues this certificate.
The problem is that this requirement can be tricky to follow – For example, someone who takes a screenshot on their device might not think they need this certificate. It’s often impossible to get this certificate after the fact. This can lead to evidence being excluded just because of a technicality. The new Bharatiya Sakshya Adhiniyam, 2023, also recognises records. It has rules to ensure that electronic evidence is authentic and reliable before it can be used in court. The certificate helps the court check that the screenshot hasn’t been edited, changed, or faked. This keeps evidence trustworthy in court cases. The strict application of this rule raises a question.
Should following the rules be more important than finding the truth? The law still needs to find a balance between these two things. The Indian Evidence Act and the new Bharatiya Sakshya Adhiniyam aim to ensure that electronic evidence is used fairly in court cases. Screenshots and other electronic records are a part of this process. They help courts make decisions. So, it’s essential to get the rules right. That way, the truth can be. Justice can be served.
IMPORTANT CASE LAWS
Indian courts have played important roles in the clarification of the admissibility of electronic evidence, including screenshots and digital communications.
Case 1: – Anvar PV v PK Basheer[3] –
Facts: The case involved the use of electronic records in an election dispute where certain digital documents were presented as evidence.
Issue: Whether electronic records can be admitted without a certificate under Section 65B of the Indian Evidence Act 1872.
Held: The Supreme Court held that for electronic evidence to be admissible, it requires a certificate under section 65B of the Indian Evidence Act 1872.
Legal Significance: Screenshots are inadmissible without a Section 65B certificate; oral testimony alone cannot substitute for proper electronic evidence certification.
Case 2: Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal[4] –
Facts: The case arose from an election dispute, and some electronic evidence was presented before the court.
Issue: Whether the electronic evidence can be admissible without a 65B certificate under the Indian Evidence Act 1872.
Held: The Supreme Court held that the electronic evidence is only admissible when accompanied by a 65B certificate. The court reaffirming the earlier ruling in Anvar PV v PK Basheer held that the certificate requirement is mandatory for the admissibility of the electronic evidence except when the original device itself is produced in the court.
Legal Significance: Section 65B certificate is important and mandatory, not directory; it must be secured at the time evidence is first proposed.
Case 3: Tomaso Burno v State of Uttar Pradesh[5] –
Facts: The case involved criminal proceedings where electronic evidence, such as CCTV footage, was relevant.
Held: The court recognised the importance of electronic evidence in modern trials.
Legal Significance: Electronic records, including screenshots, must satisfy authenticity and reliability standards before courts rely on them in criminal proceedings.
CHALLENGES AND LEGAL CONCERNS IN SCREENSHOT EVIDENCE
The increasing reliance on the screenshot as evidence in legal proceedings raises concerns regarding its reliability and admissibility:
Possibility of Editing and Manipulation: Screenshots can easily be altered or manipulated using basic editing tools, making it difficult to determine whether or not it is tampered with before presenting them in court.
Lack of Verification: The screenshots do not provide all the metadata like the original electronic record, which is why it’s difficult to identify and verify the source, time, and accuracy.
Privacy Concerns: Personal chat shared on platforms like WhatsApp and Instagram may contain some sensitive personal information. Its unauthorised capture and then presentation before the court may raise concerns about privacy and consent.
Difficulty in Proving Authenticity: Establishing that a screenshot is authentic and has not been altered requires strict compliance with evidence rules and a certificate of 65B under the Indian Evidence Act 1872 and corresponding provisions under the Bharatiya Sakhya Adhiniyam 2023.
These challenges highlight the complexity of relying on screenshots as evidence in modern legal proceedings.
PRACTICAL APPLICATION OF SCREENSHOT EVIDENCE IN LEGAL PROCEEDINGS
The reliance on screenshots as supporting electronic evidence in various legal matters is increasing day by day, particularly in cases of digital communication:
Cybercrime Cases: Screenshots are commonly used to report online fraud, identity theft, hacking, etc., where digital communication or transaction forms evidence.
Defamation Cases: In cases of online defamation, the screenshots of social media posts, comments, or messages are produced to demonstrate and prove the publication of defamatory content.
Harassment Cases: Screenshots of messages, chats, and comments are often used in cases of online harassment, threats, and abuse to establish the nature of the communication.
Matrimonial Disputes: In family law matters, screenshots of private conversations may be used to prove cruelty or abuse between the spouses in the legal proceedings.
Other Civil and Criminal Matters: Screenshots as evidence are also relevant in contractual disagreements, employment issues, and other legal proceedings where digital communication plays a role.
While court do consider these as evidences but, they are required to be accompanied by a 65B certificate under the Indian Evidence Act 1872 and now with similar provisions under the Bharatiya Sakhya Adhiniyam 2023[6].
CONCLUSION
Nowadays, screenshots have become an easy source of evidence in legal disputes. While these evidences are recognized by courts, its admissibility is not automatic. Screenshots can be accepted as evidence only when they meet the requirements according to the Indian Evidence Act, 1872, now updated to the Bharatiya Sakshya Adhiniyam, 2023. Proper certification ensures that the evidence isn’t tampered with. Ultimately, while screenshot culture reflects modern world communication trends, the law continues to emphasise procedural safeguards to maintain the integrity of digital evidence in courts.
However, the current framework demands reform. The mandatory certification requirement, while well-intentioned, disproportionately burdens ordinary litigants who lack technical or legal awareness. Courts should be empowered with greater discretionary authority to admit screenshots supported by corroborating evidence, even absent a formal certificate. A tiered admissibility standard, strict for criminal proceedings, flexible for civil disputes, would better serve justice without compromising evidentiary integrity.
Author: Awantika Mishra (South Calcutta Law College)
References:
[1] Indian Evidence Act 1872, ss 65A and 65B
[2] Bharatiya Sakshya Adhiniyam 2023
[3] Anvar PV v PK Basheer & Ors (2014) 10 SCC 473
[4] Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal (2020) 7 SCC 1
[5] Tomaso Bruno & Anr v State of Uttar Pradesh (2015) 7 SCC 178
[6] Bharatiya Sakshya Adhiniyam 2023
