Are screenshots admissable as evidence in court? What do you think?
- Advocate Anil Lalla
- Jan 22
- 2 min read
Screenshots can be used as evidence in court, but their admissibility depends on
several critical factors.
Key Considerations for Screenshot Evidence
Authenticity: Screenshots must be proven unaltered and authentic.
Metadata: Capturing full context and metadata is crucial.
Verification: A witness must testify about how the screenshot was captured.
Authentication Process
Courts require rigorous authentication of screenshots, which typically involves:
Testimony from the complainant or a witness about how the screenshot was captured
Proving the screenshot is a true representation of the original content
Potentially providing technical evidence like hash values to demonstrate no tampering.
Potential Challenges
Screenshots lack embedded metadata
Risk of manipulation or editing.
Potential exclusion if authenticity cannot be established.
Being ELECTRONIC EVIDENCE a certificate under section 65B of Indian Evidence Act is Mandatory. Only then it can be USED AS EVIDENCE
Key Best Practices for Screenshot Evidence
Capture Comprehensively
Take screenshots of the entire screen, not just the relevant section
Include surrounding context, timestamps, and metadata.
Capture full conversation threads, not isolated messages.
Authentication Strategies
Document precisely when, how, and by whom the screenshot was taken.
Capture details about the device, operating system, and capture method
Preserve original digital files whenever possible.
Technical Considerations
Use screen recording as a supplementary method
Overlap screenshots when capturing long conversations to ensure completeness
Be prepared to explain the technical process of evidence collection.
Critical Warnings
Screenshots alone may not be sufficient evidence
Courts require proof of authenticity
Being ELECTRONIC EVIDENCE a certificate under section 65B of Indian Evidence Act is Mandatory. Only then it can be USED AS EVIDENCE.
Dynamic content might not be fully captured by static images.
Rapid Capture Recommendation
Don’t delay in capturing evidence, as digital content can be quickly deleted or modified.
(caution : These articles cannot and should not be considered as a replacement of a
professional legal advice as there are many intricacies that may not have mentioned
here)
Caution : These articles cannot and should not be considered as a replacement of a professional legal advice as there are many intricacies that may not have mentioned here.
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