ABSTRACT
In these times of digital revolution, the legal landscape of India has undergone many a change with the increasing relevance of electronic evidence in all judicial proceedings. This paper explains the admissibility of electronic evidence in the Indian courts by taking the instance of Instagram chats. It examines the legal regime relating to electronic evidence governed by the Indian Evidence Act, of 1872, and the Information Technology Act, of 2000. The article thereafter dwells on issues of authenticity, relevance, and privacy about social media evidence. The present research will be able to draw out some insights regarding how Indian courts are grappling with digital evidence in light of prevalent case laws and implications for future practices.
KEYWORDS: Electronic evidence, Instagram chats, Indian Evidence Act, Admissibility, Social media
INTRODUCTION
As the pace of communication increases in the digital age, legal systems around the world, including in India, are being dramatically affected. It is envisaged that with increasing usage of social media platforms like Instagram, most interactions that were earlier within the purview of a room are well-documented and may be retrieved in digitized format. Digitalized interaction—brought to court time and again as evidence of legal disputes—presents the courts with a new set of challenges. General admissibility of evidence in electronic form and in particular of Instagram chat evidence has been a very important issue at the crossroads of Indian jurisprudence. The present paper will throw light on the legal framework and judicial approach in determining the admissibility of Instagram chats as evidence before the Indian courts, thereby bringing out challenges and key developments in this regard.
LEGAL FRAMEWORK GOVERNING ELECTRONIC EVIDENCE IN INDIA
The admissibility of electronic evidence in India is basically governed by the Indian Evidence Act, of 1872, and the Information Technology Act, of 2000. [2]In the year 2000, the Indian Evidence Act received an amendment for provisions concerning electronic records, thus underlining the growing importance of digital evidence for legal cases.
Section 65B of the Indian Evidence Act forms the very foundation of admissibility concerning electronic records. It provides that any information contained in an electronic record, which is printed, stored, or recorded, shall be deemed to be a document and is admissible in evidence, provided it is accompanied by a certificate under Section 65B(4)[3]. This certificate should confirm the authenticity of the electronic record and the manner in which it was produced, ensuring that the evidence is reliable and tamper-proof.
The legal framework is further supported by the Information Technology Act, of 2000, with the recognition of electronic records and digital signatures, which aids the use of electronic evidence in courts. Yet, though the admissibility of electronic evidence is provided for in the legislative framework, practical challenges of verification and authentication remain huge.
ADMISSIBILITY OF INSTAGRAM CHATS: CHALLENGES AND CONSIDERATIONS
Instagram, one of the popular social media platforms in India, has often proved to be a source of vital evidence in both civil and criminal cases. Chats on Instagram can provide insights into a person’s intent, behavior, and communications in connection with a dispute. However, their admissibility as evidence before Indian courts is not free from problems.
- Authentication: The primary concerns in admitting the chats on Instagram as evidence are relative to their authentication. Under Section 65B of the Indian Evidence Act, a certificate has to be furnished to authenticate an electronic record. That is, proving that the chat logs are accurate and not tampered with. Courts insist that such a certificate be given by the person in charge of the management of the system or device on which the chats have been stored. Failure to provide such a certificate may mean that the evidence cannot be admitted.
- Relevance: As with all other electronic communications, Instagram chats could include relevant and irrelevant matters therein. The relevance of such evidence has to be shown specifically concerning the issue adjudicated. It is the content of such chat that Indian courts look into so as to see whether it directly pertains to issues in controversy.
- Hearsay Rule: In Indian law, evidence in the nature of hearsay is inadmissible. This might apply to Instagram chats if they are used to establish the veracity of the statements found therein. There are several exceptions to this rule, and courts have to see if any of these will apply.
- Integrity and Preservation: The integrity of the electronic evidence itself is of paramount importance. Instagram chats can be manipulated, deleted, or fabricated very easily, and therefore, their reliability is also doubtful. The courts in India have accepted that for the purpose of admissibility, evidence must be preserved in its virgin form, complete with metadata and other technical details.
- Privacy Concerns: The use of Instagram chats as evidence also gives rise to pertinent concerns concerning a person’s right to privacy. This right to privacy held in the judgment of the Supreme Court of India, Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), should be balanced against the dispensation of justice that needs appropriate evidence in a case. Courts must strike a fine balance while collecting and using such evidence so it doesn’t amount to intrusion into the privacy of a person’s life
CASE LAW ANALYSIS
The admissibility of electronic evidence, including that based on social media communications, was dealt with by the Indian courts in a few cases. In Anvar P.V. vs P.K. Basheer and Others, while admitting electronic evidence, the Supreme Court of India explained the requirements of Section 65B of the Indian Evidence Act. The court made it very clear that an electronic record, which includes chats on social media, without the certificate of authenticity would not be admissible as evidence.
Another important case is Tomaso Bruno and Another vs State of Uttar Pradesh, 2015, where the Supreme Court has again elaborated on the question of integrity pertaining to electronic evidence. It held that every electronic record, such as photographs and messages from social media, should be produced and preserved in such form that its reliability and authenticity are shown.
These cases show that courts have become wary of electronic evidence in cases and emphasize the strict observance of procedural formalities for making such evidence admissible.
CONCLUSION
The admissibility of Instagram chats and other electronic evidence before Indian courts remains a complicated and fast-developing branch of the law. While the Indian Evidence Act and the Information Technology Act do provide for an effective legal framework for the admission of electronic evidence, challenges in authentication, relevance, and privacy remain in practice. The courts in India have been very careful while considering such evidence, and they have clarified that the legal provisions on admissibility of electronic records have to be followed strictly in order to prove the reliability and credibility of the records.
With the digital landscape increasingly penetrating all walks of life, the use of electronic evidence in legal cases can only become more relevant. It is for this reason that legal professionals, investigating agencies, and courts have to keep up with changing technology and best practice in the handling of electronic evidence. This will not only ensure justice delivered in a fair manner but uphold the integrity of the legal process through the influence of digital technology.
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