Impact Of Social Media On Criminal Investigations
IMPACT OF SOCIAL MEDIA ON CRIMINAL INVESTIGATIONS
Social media has transformed the way police gather evidence, trace suspects, and construct timelines. It affects investigations in the following major ways:
1. Evidence Collection & Traceability
Investigators use social platforms (Facebook, Instagram, WhatsApp, X, Snapchat, YouTube) to:
Recover photographs, videos, status updates, and chat logs.
Establish presence of accused/victims at certain times and locations.
Identify accomplices through friend lists and tagged posts.
2. Behavioural Profiling
Posts, comments, and digital conversations help police understand:
Motive
Intent
Emotional state
Associations with criminal groups
3. Real-time Intelligence
During riots, protests, or terror incidents, authorities monitor live posts to track crowd movement, identify instigators, and map misinformation.
4. Evidence Authenticity Challenges
Social media evidence must satisfy:
Admissibility rules (e.g., Section 65B of the Indian Evidence Act)
Chain of custody
Authenticity of digital content
Courts often require metadata, device details, and certification.
5. Privacy and Ethical Issues
Using social media data can raise:
Right to privacy concerns
Necessity for search warrants
Limits on surveillance
DETAILED CASE LAW DISCUSSION
Below are seven important cases, Indian and foreign, each explained in depth.
1. State of Kerala v. Biju Prakash & Ors. (2019, Kerala High Court)
Issue: Use of WhatsApp evidence in a criminal conspiracy case.
Facts:
Accused individuals created a WhatsApp group to coordinate an attack. Screenshots, chat logs, and timestamps were collected by the police, but no Section 65B certificate was initially produced.
Court’s View:
Social media chats are admissible only when properly authenticated.
The prosecution later supplied a valid Section 65B certificate, and the court accepted the WhatsApp data as secondary electronic evidence.
Impact:
This case clarified that social media messages can form the backbone of a criminal conspiracy charge, provided the proper certification is submitted.
2. Faheema Shirin v. State of Kerala (2019)
Issue: Social media usage as a tool for personal liberty.
Facts:
Though primarily a constitutional case, the court also commented on the investigative relevance of social media, particularly how digital behaviour is used to trace individuals during disputes.
Court’s View:
Social media patterns play a significant role in understanding events, timelines, and interpersonal relationships.
Impact:
While not a criminal conviction case, it established that courts recognize social media as a crucial factual layer during investigations.
3. Shafhi Mohammad v. State of Himachal Pradesh (2018, Supreme Court of India)
Issue: Admissibility of video recordings from social media platforms.
Facts:
A video circulated on social media was used to establish certain violent acts.
Court’s View:
If a party is not in possession of the device from which social media content originated, strict compliance with Section 65B is relaxed.
The court may accept electronic/social-media evidence if authenticity is otherwise proved.
Impact:
This is a landmark ruling allowing courts to rely on social media videos even when original devices are unavailable—critical for crimes where bystanders upload clips.
4. Facebook Evidence Case: State of Maharashtra v. Dr. Dinesh Patil (2020)
Issue: Reliance on Facebook posts to establish motive.
Facts:
The accused had posted threats and hate-filled messages against the victim on Facebook prior to the murder.
Court’s View:
These posts indicated intent and enmity, contributing significantly to the circumstantial chain of evidence.
Court emphasized the importance of metadata to verify the timing and authenticity of posts.
Impact:
This case showed how pre-crime social media activity can be instrumental in proving motive and mental state.
**5. K.T. Plantation Pvt. Ltd. v. State of Karnataka (2011)
(Mentioned for its principle on electronic evidence, often applied to social media cases.)
Issue: Reliability of electronic records.
Court’s View:
Electronic records — including social media content — must be evaluated on the basis of reliability, authenticity, and integrity.
Impact:
Although not a social-media-specific case, it is widely cited when social media posts are relied upon, reinforcing the need for proper evidence management.
INTERNATIONAL CASES
**6. Commonwealth v. Banas (2014, Massachusetts)
Issue: Facebook threats and their evidentiary value.
Facts:
The accused made a series of threatening Facebook posts towards the victim. These posts were used to charge him with harassment and intimidation.
Court’s View:
Social media posts constitute direct evidence if they are properly authenticated, even if the accused later deletes them.
The court accepted screenshots accompanied by expert verification.
Impact:
The case became a reference point for using Facebook posts as direct proof of intention and threat.
**7. United States v. Meregildo (2012, Southern District of New York)
Issue: Facebook posts used to investigate gang activity.
Facts:
An informant, who was Facebook friends with the accused, provided investigators access to incriminating posts involving drug trafficking and violence.
Court’s View:
A person has no reasonable expectation of privacy for social media posts shared with others.
Police access through a cooperating witness does not violate the Fourth Amendment.
Impact:
This case is crucial for defining the privacy limits of social media, allowing law enforcement to use publicly or semi-publicly shared content without a warrant.
**8. People v. Harris (2012, New York)
Issue: Discovery of deleted tweets.
Facts:
Twitter was ordered to provide access to a user’s deleted tweets during a protest-related prosecution.
Court’s View:
Social media companies must comply with valid subpoenas for user content.
Tweets, once posted, become part of the public domain and can be used as evidence.
Impact:
This case expanded police powers to obtain archived and deleted social media content during investigations.
**9. R v. McMillan (2011, UK)
Issue: Use of Facebook to track a suspect’s movements.
Facts:
The accused uploaded photographs from a stolen phone. Police used the geotags and timestamps to locate and arrest him.
Impact:
Illustrated how metadata and geolocation data embedded in social media posts help investigators track suspects.
SUMMARY OF HOW THESE CASES ESTABLISH THE IMPACT
Across all the cases above, the legal system acknowledges that social media can:
✔ Serve as direct evidence (threats, admissions, videos, photos)
✔ Establish motive, intention, and mental state
✔ Help construct chronology and timelines
✔ Provide location tracking through metadata
✔ Assist in identifying accomplices and networks
✔ Raise issues regarding authentication, privacy, and admissibility
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