Digital evidence has become an important part of criminal cases in India. Today, investigations may involve CCTV footage, WhatsApp messages, emails, mobile phone data, call records, photographs, videos, location data, social media posts and information stored on computers or cloud platforms.

Because digital information can be copied, edited, deleted or transferred easily, courts have to carefully examine whether such evidence is genuine and reliable.

The Supreme Court of India has repeatedly explained the importance of proper proof and authentication of electronic evidence. At the same time, India now has a new evidence law, the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which has been in force since July 1, 2024. It specifically deals with electronic and digital records.

For accused persons as well as complainants, understanding these rules is important because digital evidence can sometimes become a major part of a criminal case.

What Is Digital Evidence?

Digital evidence means information that exists in electronic or digital form and may be used to prove or disprove a fact in a legal proceeding.

Examples include:

• CCTV recordings
• WhatsApp chats
• SMS and text messages
• Emails
• Mobile phone data
• Call records
• Audio recordings
• Video recordings
• Photographs
• Social media posts
• GPS and location information
• Computer files
• Server logs
• Cloud-stored information
• Digital documents

The BSA expressly recognises electronic and digital records as documents. Its definition of “document” includes electronic records such as emails, server logs, computer or smartphone documents, messages, websites, location evidence and voicemail messages.

This means that digital material is not automatically excluded from a criminal case simply because it is electronic.

Digital Evidence Under the New Evidence Law

The Bharatiya Sakshya Adhiniyam, 2023 contains specific provisions dealing with electronic records.

Section 61 provides that an electronic or digital record cannot be rejected merely because it is electronic or digital. Subject to the requirements of Section 63, such a record can have the same legal effect as other documents.

Section 62 further provides that the contents of electronic records may be proved according to Section 63.

Section 63 is therefore particularly important when electronic records are being produced as evidence.

It lays down conditions relating to computer output and requires a certificate in the circumstances specified by the law.

Why Is a Section 63 Certificate Important?

One of the most important issues in digital evidence is proving that the electronic record is authentic and has not been improperly altered.

Under Section 63(4) of the BSA, where an electronic record is sought to be admitted through this provision, a certificate is required to accompany the electronic record at each instance when it is submitted for admission.

The certificate identifies the electronic record, explains how it was produced and provides relevant details concerning the device or system involved. It is also required to address the statutory conditions relating to the production and reliability of the electronic record. The provision also contemplates certification by the person responsible for the device or relevant activity and an expert, in accordance with the statutory requirements.

In simple terms, the certificate helps the court understand:

• What electronic record is being produced?
• From which device or source did it come?
• How was it produced?
• What device or system was involved?
• Was the relevant system functioning properly?
• Was the information regularly stored or processed?
• Can the integrity of the electronic record be supported?

Therefore, merely taking a screenshot or copying a video file does not automatically answer every question concerning its evidentiary value.

Supreme Court and the Earlier Section 65B Rule

Before the BSA came into force, electronic evidence was mainly governed by Section 65B of the Indian Evidence Act, 1872.

The Supreme Court in Anvar P.V. v. P.K. Basheer treated the certificate requirement under Section 65B as an important condition for admissibility of electronic records produced in the manner contemplated by that provision.

The position was later reaffirmed and clarified in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal.

The Supreme Court has explained that the certificate requirement under the old Section 65B was a condition precedent for admissibility of electronic evidence in the relevant circumstances. A recent Supreme Court judgment in March 2026 also referred to and reaffirmed this earlier line of authority while discussing the corresponding framework under Section 63 of the BSA.

This earlier case law remains important for understanding the principles behind authentication and admissibility of electronic evidence.

CCTV Footage Can Be Important Evidence

CCTV footage is increasingly used in criminal investigations.

It may help establish:

• The presence of a person at a particular place
• The movement of a vehicle
• The timing of an incident
• The identity of persons involved
• The sequence of events
• Whether a particular incident occurred

In a Supreme Court judgment delivered in April 2026, the Court observed that CCTV footage forming part of a chargesheet was material electronic evidence and that the High Court should have meaningfully considered the footage and the arguments based on it while examining the criminal proceedings.

This shows why digital evidence should not be ignored or treated casually. Courts may need to examine its relevance and evidentiary significance in the context of the entire case.

Can a Screenshot Alone Prove a Criminal Allegation?

A screenshot may be relevant, but its presence alone does not necessarily establish every fact that a party wants the court to accept.

For example, suppose a complainant produces a screenshot of a WhatsApp conversation.

The court may need to consider questions such as:

• Who actually sent the message?
• Whose phone contained the conversation?
• Is the screenshot complete?
• Has the conversation been edited?
• Is the original device available?
• How was the screenshot obtained?
• Can the electronic record be properly authenticated?
• Is the required certificate available where applicable?
• Does the content actually prove the allegation?

Therefore, the evidentiary value of a screenshot depends on the facts, manner of production, authentication and other evidence available in the case.

What Should an Accused Person Do About Digital Evidence?

An accused person should carefully examine the electronic evidence relied upon by the prosecution.

Important questions may include:

1. Check the source

The defence may examine where the electronic record came from and whether the source has been properly identified.

2. Check authenticity

If there are reasons to believe that a digital record has been altered, manipulated or selectively presented, those issues may need to be raised before the appropriate court.

3. Check the certificate requirement

Where Section 63 applies, the defence may examine whether the statutory requirements concerning the certificate have been properly followed.

4. Examine the complete record

A short video clip, isolated message or single screenshot may not always show the complete context.

The defence may therefore seek to examine the broader electronic record where legally permissible.

5. Challenge reliability when justified

If there are genuine questions concerning the source, integrity, chain of custody, accuracy or authenticity of electronic evidence, these issues can become relevant to the court’s assessment.

What Should a Complainant or Prosecution Do?

A complainant or prosecution relying on digital evidence should also take steps to preserve and properly present it.

Important considerations include:

• Preserve the original electronic record where possible.
• Avoid unnecessary alteration or conversion of the original data.
• Maintain information about the source of the record.
• Preserve relevant devices or storage media where legally appropriate.
• Follow the applicable certificate requirements.
• Provide the court with the relevant electronic material in the legally prescribed manner.
• Be prepared to establish authenticity when challenged.

Proper preservation is especially important because digital evidence can be lost or changed more easily than many physical documents.

Digital Evidence and Chain of Custody

Another important issue is the chain of custody.

Chain of custody broadly refers to the record of how evidence was collected, handled, stored and transferred.

For example, if police seize a mobile phone containing important evidence, questions may arise regarding:

• When was the device seized?
• Who handled it?
• How was the data extracted?
• Where was the extracted data stored?
• Was the data protected from alteration?
• How was the evidence ultimately produced before the court?

A clear record can help the court assess the reliability of the electronic material.

Digital Evidence Is Not Limited to Mobile Phones

Digital evidence can come from many sources.

Modern criminal investigations may involve:

Mobile phones: messages, photographs, videos, call-related information and application data.

Computers: documents, emails, browser information and stored files.

CCTV systems: recordings from homes, offices, roads, shops and other locations.

Cloud platforms: electronically stored documents, photographs and other information.

Social media: posts, messages, photographs and videos.

Location information: data that may help establish movement or presence, subject to applicable legal requirements.

The BSA’s definition of electronic records is broad enough to cover several modern forms of digital information.

Can Digital Evidence Be Challenged in Court?

Yes. Digital evidence can be challenged on appropriate legal grounds.

For example, a party may raise issues concerning:

• Authenticity
• Source
• Integrity
• Completeness
• Tampering
• Method of collection
• Preservation
• Certificate requirements
• Relevance
• Reliability
• Chain of custody

However, the exact legal consequence of a defect depends on the nature of the evidence, the applicable statutory provision, the stage of the proceedings and the facts of the individual case.

A technical objection should therefore be assessed carefully rather than assuming that every defect automatically ends a criminal case.

Supreme Court’s Growing Focus on Digital Justice

The importance of electronic evidence is also reflected in the Supreme Court’s wider work on digital transformation.

In April 2026, the Supreme Court’s eCommittee and the Department of Justice organised a national conference on judicial process re-engineering and digital transformation. One of the sessions specifically focused on electronic evidence and criminal justice reforms, including digital evidence management.

This reflects the increasing role of technology in the justice system.

As criminal investigations become more dependent on electronic records, courts, investigating agencies, lawyers and litigants must understand how digital evidence is collected, preserved, authenticated and presented.

Important Points for Accused and Complainants

Whether you are an accused person or a complainant, some basic points are important:

1. Do not delete or alter relevant digital evidence.
2. Preserve original devices and records where legally appropriate.
3. Keep information about the source of electronic evidence.
4. Check the applicable certificate requirements.
5. Do not rely only on screenshots when the original record can be preserved.
6. Examine whether the evidence is complete and presented in context.
7. Raise genuine concerns about authenticity or tampering through the proper legal process.
8. Take professional legal advice when digital evidence is central to the criminal case.

Conclusion

Digital evidence has become an important part of modern criminal cases in India. CCTV footage, WhatsApp messages, emails, mobile data, photographs, videos, location information and other electronic records can play a significant role in establishing facts.

The Bharatiya Sakshya Adhiniyam, 2023 provides a specific legal framework for electronic and digital records. Section 61 recognises their legal status, while Sections 62 and 63 deal with proving and admitting electronic records.

At the same time, the Supreme Court’s decisions show that courts must pay proper attention to electronic evidence and the safeguards surrounding its authenticity and reliability.

For an accused person, understanding how digital evidence was collected, preserved and produced can be important for preparing a defence. For a complainant or prosecution, proper preservation and authentication can be equally important.

As technology becomes more closely connected with criminal investigations, the correct handling of digital evidence will continue to be an important part of fair criminal proceedings in India.

Frequently Asked Questions

1. What is digital evidence in a criminal case?

Digital evidence includes electronic information such as CCTV footage, WhatsApp messages, emails, photographs, videos, mobile data, computer files, social media records and location information that may be relevant to a case.

2. Is electronic evidence legally valid in India?

Yes. The Bharatiya Sakshya Adhiniyam, 2023 recognises electronic and digital records as documents, subject to the applicable statutory requirements.

3. What is Section 63 of the BSA?

Section 63 deals with the admissibility of electronic records and lays down conditions for admitting computer output and related electronic evidence. It also contains requirements concerning a certificate.

4. Can CCTV footage be used as evidence?

Yes. CCTV footage can be relevant electronic evidence in a criminal case. The Supreme Court in 2026 highlighted the need for proper consideration of CCTV footage forming part of a chargesheet when it is material to the criminal proceedings.

5. Can an accused challenge digital evidence?

An accused can raise legally relevant objections concerning issues such as authenticity, integrity, source, preservation, relevance and compliance with applicable evidentiary requirements.

6. Is a WhatsApp screenshot enough to prove a case?

Not necessarily. The court may consider the source, authenticity, completeness, manner of production and other applicable requirements before determining the evidentiary value of such material.

7. Why is preservation of digital evidence important?

Digital information can be deleted, altered, copied or transferred. Proper preservation helps establish the source and integrity of the evidence and allows the court to assess it more reliably.