Digital Evidence in Indian Courts: Can a Screenshot Prove Your Case? : Author: Akshu Tomar
For instance, taking a screenshot of a WhatsApp conversation can show the names, profile picture and WhatsApp messages of a particular person with whom you may be talking on WhatsApp. But it will give rise to many questions like whether the screenshot has been tampered with, whether the person whose name appears in it really had control over that account or not, whether the screenshot contains complete messages and the like.
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Introduction
For instance, taking a screenshot of a WhatsApp conversation can show the names, profile picture and WhatsApp messages of a particular person with whom you may be talking on WhatsApp. But it will give rise to many questions like whether the screenshot has been tampered with, whether the person whose name appears in it really had control over that account or not, whether the screenshot contains complete messages and the like.
This is why Indian courts do not always treat a screenshot as evidence in its own right. A screenshot can be relevant evidence, but its evidentiary value will depend on the circumstances and requirements of the law to prove an electronic record.
The Bharatiya Sakshya Adhiniyam, 2023
The BSA came into force with effect from 1 July 2024 and superseded the Indian Evidence Act, 1872. The provisions of Sections 61, 62 and 63 of the BSA are important in relation to electronic records.
Section 61 recognizes the legal effect of electronic or digital records. Section 62 provides that the contents of the electronic record are to be proved in accordance with Section 63. Section 63 provides about the admissibility of the electronic record and also lays down the conditions for its proof.
The statutory framework also contains the certificate scheme for electronic record. The Schedule to the BSA provides the format for a certificate in which the device or digital source and information concerning the electronic record, including its hash value, is provided.
It is an important point that the statutory scheme for proving electronic records is concerned with the integrity of the information contained in the electronic record and not only with the contents as shown by a screenshot.
Supreme Court Decisions Before the BSA
Even before the BSA, the Supreme Court formulated some important principles in respect of electronic records under Section 65B of the Indian Evidence Act, 1872.
In Anvar P.V. v. P.K. Basheer, the Supreme Court held that the statutory requirements are necessary for proving the electronic record. Later, in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, a Constitution Bench reiterated the importance of the certificate requirement for secondary electronic evidence under Section 65B. The Court emphasized that safeguards are required for proving the electronic record since it can be susceptible to alteration or manipulation
These decisions remain important for understanding the development of Indian law in relation to the authenticity and proving electronic evidence.
Why Authenticity Matters
The main problem with the screenshot is that the screenshot can be made, cropped, edited or presented without the surrounding digital context.
For example, the screenshot containing one message may not reflect the messages that occurred before or after the particular message, which may affect the meaning of the message. Also, the social media screenshot may not be sufficient for establishing the control over the social media account.
This is why the courts are required to consider the following points:
- the source of the electronic record;
- the device or system from which the electronic record has been obtained;
- whether there is any alteration in the electronic record;
- whether the statutory requirements have been complied with;
- the surrounding evidence for the purpose of establishing the authenticity of the record; and
- whether the person or system associated with the electronic record can be established.
The Supreme Court has recently showed some caution in relation to the screenshots and reproduced digital communications. In a recent order dated 17 May 2026, the Supreme Court expressed concern in respect of materials consisting of social media posts, WhatsApp and Telegram chats, emails and second-hand reproductions, emphasizing the necessity of proper corroboration in the circumstances of that case.
Conclusion
A screenshot can certainly become relevant evidence in an Indian court but a screenshot is not a conclusive evidence in respect of the information it reflects. Its value depends on the authenticity, reliability, the manner in which it has been obtained and the statutory requirements for the same.
The BSA recognizes the importance of electronic or digital records and, at the same time, provides safeguards for proving the same. This is an important approach in a society where communication, transactions and even disputes are taking place in the cyberspace.
The important conclusion is, therefore, quite straightforward – a screenshot can reflect some information but proving its genuineness, completeness and legality as an evidence is a different issue.