Relevance is only the first question

A post, message, image, video, or account record may be relevant to an issue in a proceeding. That does not automatically mean the material is authentic, complete, admissible, or sufficient to prove a disputed fact. Each question requires separate analysis under the law applicable to the proceeding.

Preserve the original context

Record where and when the content was found, the account or source associated with it, the URL where available, and the surrounding conversation or page. A cropped screenshot may omit context, timestamps, replies, or signs that the content was edited. Do not alter original files when preservation matters.

Consider authenticity and integrity

Questions may include whether the account is correctly attributed, whether the file has been changed, whether metadata is available, and whether the material can be connected to the relevant person or device. A screenshot alone may not resolve these issues. Proper collection and documentation can be important.

Follow the applicable evidence rules

In India, electronic and digital records are governed by the evidentiary framework in force for the relevant proceeding, including applicable statutory requirements concerning proof and admissibility. The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024, subject to its scope and transitional provisions. The precise requirements should be checked against the current law and facts; do not rely on a generic checklist for a live matter.

Responsible handling

  • Preserve the original file or device where lawfully possible.
  • Keep a record of collection and transfers.
  • Avoid editing, reposting, or publicly circulating potentially sensitive evidence.
  • Protect personal information and comply with applicable law.
  • Obtain qualified legal or forensic assistance where the material is important to a proceeding.
Educational note: This overview is not legal advice. Evidentiary rules and required certificates or procedures can depend on the applicable statute, proceeding, and circumstances.

Key references

Start with these primary sources, and check the current official text before relying on them.

  • Bharatiya Sakshya Adhiniyam, 2023, Section 63 (admissibility of electronic records and the certificate requirement).
  • Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473.
  • Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1.
  • Information Technology Act, 2000 (electronic records and related offences).
Check before relying: The rules differ for older proceedings and for matters under the earlier Evidence Act. Confirm which law applies to your case.