Legal Validity of Electronic Evidence in India

on

Legal Validity of Electronic Evidence in India

In today’s digital age, electronic evidence plays a critical role in both civil and criminal cases. Emails, WhatsApp chats, CCTV footage, call recordings, screenshots, digital contracts, and social media posts are now commonly used in courts. Understanding how electronic evidence is treated under Indian law is essential for legal professionals and common citizens alike.

1. What is Electronic Evidence?

Electronic evidence refers to any data or information that is stored or transmitted in digital form and is admissible in a court of law. Examples include:

  • Emails and text messages

  • Mobile call records

  • CCTV footage

  • Server logs

  • Social media posts

  • Computer files, images, or videos

2. Legal Framework Governing Electronic Evidence

  • Indian Evidence Act, 1872 (as amended by the IT Act, 2000)

  • Section 65A and 65B – Deal specifically with admissibility of electronic records

  • Information Technology Act, 2000

➤ Section 65B (Admissibility of Electronic Records)

  • It lays down the conditions under which digital evidence is admissible.

  • Requires a certificate under Section 65B(4) stating:

    • The device used

    • Integrity of the data

    • Authenticity of the source

  • Without this certificate, electronic records are not admissible unless the original device is produced.

3. Landmark Judgments

  • Anvar P.V. v. P.K. Basheer (2014): Supreme Court ruled that electronic evidence must be accompanied by a Section 65B certificate, even if the original document is available.

  • Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020): Reaffirmed that Section 65B certificate is mandatory for secondary electronic evidence.

  • Tomaso Bruno v. State of UP (2015): Highlighted the importance of CCTV footage in criminal trials.

4. Practical Challenges

  • Lack of technical knowledge among lawyers and judges

  • Tampering or manipulation of data

  • Difficulty in collecting and preserving metadata

  • Delay in obtaining 65B certificates from service providers

5. Best Practices for Admissible Electronic Evidence

  • Maintain proper chain of custody of digital devices

  • Collect screenshots with timestamps

  • Get digital forensics involved when needed

  • Immediately request 65B certificates from email or telecom providers

  • Use court-approved software for data extraction

Conclusion

Electronic evidence is now as important as oral or documentary evidence. However, its admissibility depends on following correct legal procedures, especially compliance with Section 65B. As courts become more tech-savvy, digital proof is playing a decisive role in justice delivery.

Contact Details:


Comments

Post a Comment