Can Screenshots Be Used As Evidence?

Screenshots, as a form of digital evidence, are commonly used in both personal and legal matters to capture and preserve information from online communications, social media, emails, or other digital platforms. However, for a screenshot to be admissible in court under Indian law, it must meet certain legal standards 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. According to the Indian Evidence Act, evidence can be digital in nature, including emails, messages, and screenshots.

Section 65B of the Indian Evidence Act deals with the admissibility of electronic records, which include screenshots taken from computers, mobile phones, or other digital devices. This section allows such records to be admissible as evidence, provided that they fulfill certain requirements for authentication.

Section 65B of the Indian Evidence Act:

Section 65B specifically allows electronic records, including screenshots, to be used as evidence. However, the screenshot must meet certain conditions:

• Proper Authentication: The screenshot must be produced along with a certificate under Section 65B(4) of the Indian Evidence Act, certifying that the record was generated in the ordinary course of business, and there was no tampering with the original data.
• Originality: The screenshot must be the original electronic record, and it should not have been altered or tampered with in any way.
• Chain of Custody: The process of how the screenshot was obtained and handled must be clearly established, ensuring that it has not been manipulated or falsified.

Requirements for Valid Screenshots:

Authentication of Device:

The device (mobile phone, computer, etc.) from which the screenshot was taken should be identifiable and capable of confirming the authenticity of the information captured.

Forensic Certification:

In cases involving serious legal matters, digital forensics experts may be called upon to confirm that the screenshot has not been tampered with. This may include checking for metadata or using digital signatures to ensure integrity.

Relevance and Context:

The screenshot must be relevant to the matter at hand and must present the information in an unambiguous manner. The court will also consider the context in which the screenshot was taken.

Judicial Precedents on Screenshots:

Admissibility:

In some cases, Indian courts have ruled that screenshots are admissible as evidence provided they meet the necessary conditions under Section 65B. For instance, in State of Rajasthan v. Kashi Ram, the Supreme Court of India emphasized that electronic records (including screenshots) can be admissible if they comply with the legal requirements set out in the Evidence Act.

Example: In Shafhi Mohammad v. State of Himachal Pradesh (2018), the Supreme Court held that an electronic record, including a screenshot, is admissible provided the certificate under Section 65B is attached and the record is verified.

Practical Considerations:

Screenshot Authenticity:

Courts are more likely to accept screenshots as evidence when the party submitting the screenshot can demonstrate that the image is genuine and untampered. For example, if a screenshot is being used to prove a conversation, the timestamp, sender information, and message content should remain consistent with what the other party might present in court.

Witness Testimony:

It may help if a witness (such as a digital expert or someone who witnessed the transaction) can testify about the authenticity of the screenshot. If the screenshot is being used to prove cybercrimes (such as harassment or fraud), testimony from a cyber expert can strengthen the case.

Challenges in Using Screenshots as Evidence:

Manipulation:

One of the major concerns with using screenshots as evidence is the potential for manipulation. A screenshot can be easily altered with basic software tools, and proving that a screenshot is unmodified can be difficult without technical verification.

Lack of Certification:

If a screenshot is presented without the proper certification under Section 65B, the court may reject it as evidence. Hence, it's crucial for the party submitting the evidence to ensure all requirements for authentication are met.

Screenshots in Different Legal Contexts:

In Cybercrimes:

In cases involving cybercrimes (e.g., harassment, defamation, fraud), screenshots can serve as crucial evidence. They can help prove the content and intent of online communications.

In Commercial Disputes:

Screenshots are often used to present evidence of digital transactions, agreements, or communication. However, such evidence should ideally be corroborated with additional documentation, like email records, payment receipts, or system logs.

Example:

Suppose a person is accused of cyber harassment via social media, and the victim presents 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 consider whether the device used for taking the screenshot is traceable and whether the message content is consistent with the alleged threat.

The timestamp on the screenshot, along with witness testimony from the victim, might further support the case.

In this situation, if all conditions are met, the court is likely to admit the screenshots as valid evidence.

Conclusion:

Yes, screenshots can be used as evidence in Indian courts, but only if they meet the legal requirements set out in the Indian Evidence Act, 1872. This includes the authentication of the screenshot, the originality of the electronic record, and the submission of a certificate under Section 65B. Proper handling and certification of digital evidence are key to ensuring that screenshots are admissible and reliable in legal proceedings.