Bombay High Court Rules That Digital Evidence Without Authentication Is Inadmissible
- ByAdmin --
- 03 Mar 2025 --
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Introduction
In a crucial decision for the digital age, the Bombay High Court has ruled that digital evidence — including WhatsApp messages, emails, and social media posts — cannot be admitted in court unless they are properly authenticated as per the Indian Evidence Act. The judgment, delivered by Justice Radhika Desai, clarifies the evidentiary threshold for electronic records, ensuring that courts do not base rulings on unverified digital content.
Background
The case arose during a civil dispute where one party sought to introduce WhatsApp screenshots to prove that a contract existed. The opposing counsel challenged the admissibility of such evidence, arguing that there was no certificate under Section 65B of the Indian Evidence Act, which requires authentication of electronic records.
Key Findings of the Court
Justice Radhika Desai emphasized:
- Digital records are easily manipulated: Without proper certification, courts cannot assume the authenticity or integrity of electronic evidence.
- Section 65B is mandatory: No electronic record is admissible unless accompanied by a certificate vouching for its creation, storage, and retrieval process.
- Preserving chain of custody: The court underscored that proper digital forensics and documentation are necessary to establish a credible chain of custody.
Implications for Litigation
This ruling imposes stricter evidentiary discipline, especially in cases where parties rely on emails, chats, and digital contracts. It forces lawyers to ensure compliance with Section 65B, which had often been overlooked.
Conclusion
The Bombay High Court’s ruling is a timely reminder that digital convenience cannot replace procedural rigour. By insisting on proper authentication, Justice Desai has strengthened the evidentiary integrity of digital records, ensuring that courts rely only on verifiable electronic evidence.
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