Are Screenshots Admissible as Evidence Under the Indian Evidence Act? Find Out
- Cyber Drome
- Sep 6, 2023
- 6 min read
Discover the Legality of Using Screenshots as Evidence under the Indian Evidence Act. Uncover the Facts!
Indian Evidence Act, Admissible evidence, Legal use of screenshots, Indian legal system, Evidence in court, Digital evidence in India, Proof with screenshots, Indian judiciary, Courtroom evidence, Legal documentation with screenshots
The Law of Evidence: A Hybrid of Substantive and Procedural Law
The law of evidence is a hybrid of substantive and procedural law. Substantive law defines the rights and obligations of individuals, while procedural law governs how those rights and obligations are enforced. The law of evidence falls into neither category neatly, as it deals with both the rights of the parties to a case and the procedures for admitting and evaluating evidence.
In its most basic sense, the law of evidence can be defined as the rules that govern the admissibility of evidence in court. Admissible evidence is evidence that is relevant to the case at hand and that is not too prejudicial to the defendant. The law of evidence also sets forth the standards for evaluating the weight of evidence, which is how much weight should be given to admissible evidence.
The law of evidence is a complex and evolving field, and there are many different rules and principles that govern its application. However, the basic principles of the law of evidence are essential to ensuring that justice is served in the courtroom.
Here are some specific examples of how the law of evidence can be used to establish or refute a claim:
In a criminal case, the prosecution may use the law of evidence to introduce eyewitness testimony, physical evidence, or expert testimony to establish that the defendant committed the crime.
In a civil case, the plaintiff may use the law of evidence to introduce documents, photographs, or other tangible evidence to support their claim.
In a divorce case, the parties may use the law of evidence to introduce financial records, property ownership documents, or other evidence to support their claims for alimony or child support.
The law of evidence is a critical part of the legal system, and it plays an important role in ensuring that justice is served. By understanding the basic principles of the law of evidence, you can better understand how the legal system works and how evidence is used to establish or refute claims.
SECTION 3 OF INDIAN EVIDENCE ACT, 1872
Evidence
Oral evidence: Statements made by witnesses in court about the facts of the case.
Documentary evidence: Documents produced in court, such as contracts, emails, and photographs.
Types of evidence
Oral evidence: Also known as personal or primary evidence, it is the testimony of witnesses who saw or heard something relevant to the case.
Documentary evidence: Also known as secondary evidence, it is any document that contains information relevant to the case, such as contracts, emails, and photographs.
Material evidence: Also known as actual evidence, it is any physical object that is relevant to the case, such as a weapon, a piece of clothing, or a fingerprint.
The role of documentary evidence in a trial
Documentary evidence plays a significant role in a trial because it can provide concrete proof of the facts of the case. For example, a contract can prove that a certain agreement was made, or an email can prove that a certain communication took place. Documentary evidence can also be used to corroborate the testimony of witnesses.
The admissibility of primary and secondary evidence
The Indian Evidence Act of 1872 sets out the rules for determining whether primary or secondary evidence is admissible in court. Primary evidence is generally preferred to secondary evidence, but secondary evidence may be admissible if the primary evidence is unavailable.
CONTEMPORARY TIMES
The growing use of technology and the need for a new law on electronic evidence
The twenty-first century has seen a rapid growth in the use of technology. Computers are now ubiquitous, and they are used for everything from communication to banking to shopping. This growth in the use of technology has also led to an increase in the amount of electronic evidence that is available.
Electronic evidence is any information that is stored or transmitted in electronic form. This includes emails, text messages, social media posts, and even computer files. The increasing use of electronic evidence has created a need for a new law that specifically addresses the admissibility of this type of evidence in court.
The Information Technology Act of 2000
The Information Technology Act of 2000 (IT Act) was passed by the Indian Parliament to address this need. The IT Act defines electronic evidence and sets out the rules for its admissibility in court. The IT Act also provides for the appointment of examiners of electronic evidence, who are experts in the field of computer forensics.
The amendments to the Evidence Act of 1872
The IT Act also amended the Evidence Act of 1872, which is the primary law governing the admissibility of evidence in India. The amendments to the Evidence Act clarify the admissibility of electronic evidence and provide for the production of electronic evidence in court.
The importance of electronic evidence
Electronic evidence can be a valuable tool in the investigation and prosecution of crimes. It can also be used to resolve civil disputes. The IT Act and the amendments to the Evidence Act have made it easier to use electronic evidence in court, and this has helped to ensure that justice is served in the digital age.
Amendments to the Indian Evidence Act for Admissibility of Electronic Evidence
The Indian Evidence Act, 1872 was amended in 2000 to include provisions for the admissibility of electronic evidence. The amendments were made in response to the increasing use of electronic records in business and other transactions.
One of the key amendments was the addition of Section 22A, which clarifies that oral evidence is only relevant to prove the contents of an electronic record if the authenticity of the record is in doubt. This amendment was made to address the concern that oral evidence could be easily fabricated or tampered with.
Another important amendment was the addition of Section 45A, which provides for the appointment of an Examiner of Electronic Evidence. The Examiner of Electronic Evidence is a qualified person who can assist the court in evaluating the authenticity and reliability of electronic evidence.
Finally, Section 65B was amended to set out the specific requirements for presenting electronic evidence in court. These requirements cover both the technical and non-technical aspects of electronic evidence, such as the format in which the evidence must be stored and the procedures for authenticating it.
The amendments to the Indian Evidence Act have helped to ensure that electronic evidence is admissible in court and can be used to prove or disprove a case. This is important in today's digital age, where electronic records are often used in business and other transactions.
CASE LAWS-
Amar Singh v. Union of India
The Supreme Court remarked that “the widespread notion in the Country is clearly depicted where all the parties, including the state and the telephone company, disputed the authenticity of the printed transcripts of the CDRs, as well as the authorization itself.”
In examining the admissibility of electronic records in light of the decision rendered in the case of Navjot Sandhu, the Court made the following observations:
N.C.T of Delhi vs. Navjot Singh Sandhu
It appears that when addressing the admission of electronic records in that case, the court neglected to consider Sections 59 and 65A. Secondary evidence in the form of an electronic record is entirely governed by Sections 65A and 65B; Sections 63 and 65 do not apply in this situation.
To that extent, the legal position set forth by this court in the Navjot Sandhu case on the admissibility of secondary evidence relative to electronic records is incorrect. It needs to be overruled, so we do that.
The Apex Court relied on the maxim generalia specialibus nonderogant i.e., special law will always prevail over the general law. In the light of this maxim court attempted to provide certainty to the current statutes on the admissibility of electronic evidence through Anvar’s case, which have had little to no assurance for more than ten years.
CONCLUSION
When it comes time to appear in court for a case, we provide the judge with material known as evidence, and the judge will make the decision. If we do not have an attorney, we must properly acquire the pertinent material that will be used as evidence in court. The information we present influences how the judges arrive at their choices. The information cannot be rumour or conjecture. The court may use text messages, screenshots, or audio messages as proof or evidence.
Because screenshots are a component of electronic evidence, they can be used in court as evidence in accordance with the Evidence Act. By submitting the screenshot as proof, the phone’s information and the time it was taken were also provided to the court.
Reference:
Indian Evidence Act,1872; Section 3
Indian Evidence Act, 1972; Section 62
Indian Evidence Act, Section 63
Shreya Singhal ‘Overview of Different Kinds of Evidence’
Indian Evidence Act,1872; Section 59
Indian Evidence Act, Section 22A
Indian Evidence Act, Section 45
Information Technology Act, 2000; Section 69A
Amar Singh v. Union of India (2011) 7 SCC 69
NCT of Delhi v/s Navjot Sandhy @ Afsan Guru (2005) 11 SCC 600
