Electronic Evidence in Indian Courts: Complete Guide to Admissibility, Section 65B, and Legal Pitfalls

Introduction:

With the rise of cybercrime and digital documentation, Indian courts see more electronic

evidence than ever before. But winning with digital proof isn’t as simple as showing a

message or video. Section 65B of the Indian Evidence Act, and recent Supreme Court

decisions, set rigorous standards on admissibility—often misunderstood by even

seasoned advocates. This guide explains the essential facts, legal requirements, and

mistakes to avoid.

Myth 1 Debunked (Detailed):

Myth: WhatsApp chats and emails are automatically valid court evidence.

Reality:

As shown in Supreme Court cases (incl. Anvar P V v. P.K. Basheer, 2014; Chandrabhan

Sudam Sanap v. State of Maharashtra, 2025), electronic records used as secondary

evidence require a mandatory Section 65B(4) certificate. This certificate must detail the

manner of production, device particulars, and be issued by a responsible official. Failure

to provide it can make evidence inadmissible, regardless of how important it is to the

case.

Myth 2 Debunked (Detailed):

Myth: Any digital file can be used in court.

Reality:

Courts demand strict preservation, documentation, and a clear chain of custody for

every piece of electronic evidence. Loss, tampering, or improper transfer can weaken or

destroy your case. Devices and files must be documented from the moment they are

collected through analysis and into the courtroom. Digital forensics and Digital Evidence

Management Systems (DEMS) now help ensure these protocols are followed.

Myth 3 Debunked (Detailed):

Myth: Electronic evidence can never be challenged once submitted.

Reality:

Courts regularly see digital evidence excluded for technical reasons—missing the 65B

certificate, failure in chain of custody, or proof of tampering. Defendants and

prosecutors both use these arguments. The Jessica Lal murder case and others have

confirmed that only well-presented, authenticated digital evidence survives scrutiny.

Additional Myths (Optional):

• “Taking a screenshot is always an acceptable way to prove a digital record.” (Fact:

Screenshots alone rarely meet legal standards—they require certification and

often verification from the source device.)

• “Police can’t be questioned on digital evidence procedures.” (Fact: Defense can—

and should—challenge every step, from seizure to storage.)

Conclusion:

Electronic evidence can win or lose your case—but only if handled with absolute legal

precision. LallaNLalla.com’s expert team ensures clients’ digital records meet every legal

and technical requirement, maximizing their chances of success. Need advice or digital

forensics support? Contact us today for a consultation.

(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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