The extreme importance of Digital Evidence in Indian Law: What Counts and How to Preserve It
In the digital age, screenshots, emails, chat logs, voice recordings, and even metadata can make or break a legal case. Whether you are dealing with online harassment, fraud, defamation, or a cybercrime, digital evidence is central to getting justice. But not all digital material is accepted in Indian courts — it must meet legal and technical standards under Indian Evidence Act and IT Act provisions.
This post explains what qualifies as valid digital evidence, how to collect it properly, and how to ensure it's admissible in legal proceedings.
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What Is Considered Digital Evidence?
Digital evidence includes any electronically stored information (ESI) that can support or refute a legal claim. This can include:
- Emails and attachments
- WhatsApp chats and call logs
- Social media messages and posts
- Browser history or login timestamps
- Recorded phone calls or Zoom meetings
- Metadata (timestamps, IP addresses, geolocation)
- CCTV footage stored on hard drives/cloud
What Indian Law Says About Digital Evidence
Two major legal frameworks cover digital evidence in India:
- Indian Evidence Act, 1872 (Amended): Sections 65A and 65B deal with electronic records
- Information Technology Act, 2000: Validates electronic records and digital signatures
Section 3 of the Evidence Act now includes electronic records in the definition of "evidence."
When Is Digital Evidence Accepted by Courts?
For a piece of digital evidence to be admissible, it must meet these conditions:
- It must be authentic and not tampered with
- The device or platform from which it was taken must be specified
- A Section 65B certificate must be attached (for secondary digital evidence)
- It must be relevant to the case and clearly documented
Note: Primary evidence (original device) is always stronger. But courts often accept secondary evidence (screenshots, exports) with a valid certificate.
What Is a Section 65B Certificate?
This is a written certificate that must accompany any digital evidence not presented in original form. It includes:
- Details of the electronic device used
- Person responsible for producing it
- Declaration of authenticity and integrity of data
- Date and method of data extraction
This certificate ensures the court that the evidence was not manipulated and is derived from a reliable source.
How to Properly Collect and Preserve Digital Evidence
Follow these tips to ensure your digital evidence is accepted:
- Take screenshots immediately with visible timestamps and URLs
- Export chat logs (WhatsApp, Messenger) and email headers
- Do not crop or edit images or videos before submission
- Back up evidence on secure cloud storage or external drive
- Generate hash values (MD5, SHA-1) for files if possible
- Label and catalogue each piece of evidence clearly (who, when, where, what)
Examples: What’s Accepted, What’s Not
| Accepted | Rejected |
|---|
| WhatsApp chat with phone numbers, dates, and full log | Chat screenshot with no name or phone info |
| Email with full header info and printout | Forwarded or edited email body only |
| Screen-recorded video of harassment with audio | Heavily cropped or muted clip |
Real Indian Cases Involving Digital Evidence
- Anvar P.V. v. P.K. Basheer (2014): Landmark case establishing need for 65B certificate
- Shafhi Mohammad v. State of Himachal Pradesh (2018): Clarified that certificate isn’t mandatory if original device is submitted
- State v. Navjot Sandhu (2005): Early case that validated reliance on call records and digital logs
These cases shape how courts treat digital evidence today.
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