Metadata And Its Evidentiary Value
π 1. What is Metadata?
Metadata refers to the data about data. It provides information about other data, such as:
Creation date of a document or file
Last modified date
Author name
Device details
IP address
Location info
File format, size, etc.
π Types of Metadata:
| Type | Explanation |
|---|---|
| Descriptive | Title, author, tags β helps identify or locate content |
| Structural | How different components relate (e.g., chapters) |
| Administrative | Technical details β file size, format, creation/modification date |
| Transactional | Details of user access, downloads, changes, etc. |
βοΈ 2. Legal Framework for Metadata in India
π§Ύ Indian Evidence Act, 1872:
Section 65A & 65B: Deal with admissibility of electronic records.
Metadata is part of electronic evidence, and must be authenticated via a Section 65B certificate to be admissible.
π» Information Technology Act, 2000:
Recognizes digital records and computer output.
Supports the validity of metadata in proving or disproving claims.
π Criminal Procedure Code (CrPC), 1973:
Section 91 allows the court to summon electronic records.
Section 161 & 164 allow for digital statements to be used in investigation.
π 3. Evidentiary Value of Metadata
Metadata plays a vital role in:
Authenticating digital documents
Establishing timelines (e.g., creation or modification time)
Proving or disproving fabrication or tampering
Corroborating testimonies
Determining authorship or user access
However, its admissibility and value depend on:
Proper certification (Sec. 65B)
Reliability of the source
Chain of custody
Expert testimony (if needed)
π§ββοΈ 4. Case Laws on Metadata and Its Evidentiary Value
πΉ 1. Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473 (Supreme Court)
Facts:
The appellant relied on electronic records, including CDs and metadata to prove election malpractices.
Held:
The Supreme Court held that metadata and other electronic evidence are only admissible if accompanied by a valid certificate under Section 65B.
Clarified that oral evidence cannot be used to prove contents of electronic record unless conditions of Section 65B are satisfied.
Significance:
Landmark case that elevated metadata to a crucial piece of evidence but set strict conditions for admissibility.
πΉ 2. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1
Facts:
Issue related to submission of metadata from WhatsApp and email without a certificate under Section 65B.
Held:
Reaffirmed Anvar v. Basheer, holding that metadata and digital records are inadmissible without proper certification.
Clarified that certificate is mandatory unless original device is produced in court.
Significance:
Reinforced the mandatory nature of 65B compliance for metadata.
πΉ 3. State of Delhi v. Mohd. Afzal (Parliament Attack Case), (2003) Delhi HC
Facts:
Computer files, logs, and metadata from laptops of accused were presented as evidence.
Held:
Court accepted metadata relating to file access, IP logs, and document edits as valid evidence, as they were properly extracted and proved by experts.
Digital footprints (metadata) were used to show involvement in planning the attack.
Significance:
First major Indian case showing metadataβs utility in linking digital devices with criminal conspiracies.
πΉ 4. Amitabh Bagchi v. Ena Bagchi (2005) Cal HC
Facts:
In a matrimonial dispute, video conferencing evidence and digital records (with metadata) were used.
Held:
Recognized the validity of electronically recorded evidence, including metadata that showed date and authenticity of communications.
Court allowed metadata-laced documents for cross-examination purposes.
Significance:
One of the early recognitions of metadata in family law and civil disputes.
πΉ 5. K.S. Puttaswamy v. Union of India (2017) 10 SCC 1 (Right to Privacy case)
Facts:
The Supreme Court dealt with privacy concerns related to Aadhaar and metadata collected by the state.
Held:
Emphasized that metadata can reveal intimate details about a personβs life.
Any collection and use of metadata must be lawful, necessary, and proportionate.
Significance:
Recognized metadata as sensitive personal data, thus giving it constitutional importance.
πΉ 6. Om Prakash v. Central Bureau of Investigation (2021) Delhi HC
Facts:
Metadata from financial transaction logs was used to track the timing and frequency of fund transfers in a bribery case.
Held:
Held that digital logs and metadata entries are strong evidence when corroborated by documents and witness statements.
Admissible under Section 65B with proper certificate.
Significance:
Shows how transaction metadata can establish a timeline of events in white-collar crime.
πΉ 7. Karan v. NCT of Delhi (2018) Delhi HC
Facts:
In a sexual assault case, the metadata of CCTV footage was examined to determine the time and date of the incident.
Held:
Court relied heavily on metadata to verify the timing of the crime and accept the CCTV footage as credible.
Highlighted the importance of metadata in authenticating surveillance evidence.
Significance:
Set a precedent for using CCTV metadata as key evidence in criminal trials.
π 5. Summary Table of Case Laws
| Case | Key Point | Significance |
|---|---|---|
| Anvar v. Basheer (2014) | Metadata must be certified | Set standard for admissibility |
| Arjun Panditrao (2020) | 65B Certificate mandatory | Clarified procedural law |
| Mohd. Afzal (2003) | Used metadata for planning proof | Metadata in terror investigation |
| Amitabh Bagchi (2005) | Metadata in matrimonial dispute | Extended metadata use to civil law |
| K.S. Puttaswamy (2017) | Metadata as privacy-sensitive | Recognized constitutional value |
| Om Prakash (2021) | Metadata in bribery case | Digital footprints in white-collar crimes |
| Karan (2018) | CCTV metadata validated timing | Important for criminal trials |
π§ 6. Conclusion
Metadata is vital digital evidence that can establish facts, timelines, and authenticity of electronic documents.
It is especially useful in:
Cybercrime
Terrorism
White-collar offences
Family disputes
Property litigation
However, to be legally admissible, metadata must be:
Properly extracted,
Accompanied by a Section 65B certificate,
Maintained in a secure chain of custody,
And relevant to the facts in question.
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