Legal Admissibility of Screenshots as Evidence in India

Introduction

Screenshots, as a form of digital evidence, are increasingly used in both personal and legal contexts to record and preserve information from online interactions, social networks, emails, and other virtual platforms. However, for a screenshot to be admissible as evidence in Indian courts, it must meet specific legal criteria for authentication and reliability.

Can Screenshots Be Used As Evidence?

Legal Admissibility Under Indian Law:

The Indian Evidence Act, 1872, governs the admissibility of evidence in Indian courts.
It recognizes evidence in electronic form, including emails, messages, and other digital records.

Section 65B of the Indian Evidence Act:

Section 65B specifically addresses the admissibility of electronic records, encompassing screenshots from computers, cell phones, or other digital devices.
Such records can be admitted as evidence if they fulfill specific authentication criteria.

Criteria for Valid Screenshots:

Authenticity: The screenshot must be accompanied by a Section 65B(4) certificate from the Indian Evidence Act. This certificate attests that the record was generated in the regular course of business and that the original data has not been altered.
Originality: The screenshot should be the original electronic record and must not have been edited or altered in any manner.
Chain of Custody: A clear and established chain of custody for how the screenshot was acquired and handled is crucial to demonstrate that it has not been tampered with or forged.
Authentication of Device: The device (mobile phone, computer, etc.) used to capture the screenshot must be traceable, allowing for verification of the genuineness of the information recorded.
Forensic Certification: In serious legal matters, the verification of a screenshot’s integrity by computer forensics professionals may be required. This can involve metadata checks or digital signatures to ensure authenticity.
Relevance and Context: The screenshot must be relevant to the issue at hand and present the information clearly. The court will also consider the context in which the screenshot was captured.

Judicial Precedents on Screenshots:

Admissibility: Indian courts have consistently held that screenshots can be admitted as evidence, provided they satisfy the requirements under Section 65B.
Example: State of Rajasthan v. Kashi Ram: The Supreme Court of India clarified that electronic records, such as screenshots, may be admissible if they meet the requirements of the Evidence Act.
Example: Shafhi Mohammad v. State of Himachal Pradesh (2018): The Supreme Court ruled that an electronic record, including a screenshot, is admissible on the condition that a certificate under Section 65B is annexed and the record is properly authenticated.

Practical Considerations

Screenshot Validity:

Courts are inclined to admit screenshots as evidence if the party presenting them can prove their authenticity and originality.
For instance, if a screenshot is used as proof of conversation, the timestamp, sender, and message contents should align with what the other party might produce in court.

Witness Testimony:

Witness testimony, from a digital expert or an eyewitness to the transaction, can significantly assist in proving the authenticity of a screenshot.
In cases involving cybercrimes (e.g., fraud or harassment), testimony from a cyber expert can strengthen the case.

Difficulties in Offering Screenshots as Evidence:

Manipulation: One of the primary challenges in using screenshots as evidence is the ease with which they can be manipulated using basic software tools. Ascertaining the originality of a screenshot without technical evidence can be difficult.
Lack of Certification: If a screenshot is presented without proper certification under Section 65B, the court may deny its admissibility. Therefore, it is essential for the party offering the evidence to fulfill all authentication formalities.

Screenshots in Various Legal Contexts

In Cybercrimes:

Screenshots can be vital evidence in cybercrime cases (e.g., harassment, defamation, fraud).
They can be used to establish the content and meaning of online messages.

In Commercial Disputes:

Screenshots are frequently used to provide proof of digital transactions, contracts, or communications.
However, such proof should be complemented with other documentation, such as email records, payment receipts, or system logs.

Example Scenario:

Consider a person accused of cyber harassment via social media, with the victim presenting screenshots of threatening messages exchanged with the accused.
The screenshots are produced in court with the necessary certification under Section 65B of the Indian Evidence Act, confirming their authenticity and lack of tampering.
The court will assess whether the device on which the screenshot was taken is traceable and if the message content aligns with the claimed threat.
The timestamp of the screenshot, coupled with the victim’s witness testimony, could further strengthen the case.
If all prerequisites are fulfilled, the court will likely admit the screenshots as admissible evidence.

Conclusion

Screenshots are indeed admissible as evidence in Indian courts, provided they comply with the stringent requirements of the Indian Evidence Act, 1872. This includes thorough authentication of the screenshot, ensuring the originality of the electronic record, and furnishing a certificate under Section 65B. Proper certification and meticulous handling of digital evidence are paramount for screenshots to be considered admissible and credible in judicial proceedings.