Social Media Chats As Proof
Overview
Social media chats have become a significant source of evidence in both civil and criminal cases. These chats can reveal communications between parties, admissions, intentions, threats, or other relevant facts that help establish or disprove claims.
Why Are Social Media Chats Important as Evidence?
Ubiquity: Most people use social media platforms for daily communication.
Authenticity: Chats can be timestamped and show interaction in real-time.
Relevance: Chats often directly relate to the dispute or crime.
Digital footprints: Help trace conversations, contacts, and context.
Legal Requirements for Admissibility of Social Media Chats
Authenticity: Proof that the chat is genuine and not tampered with.
Relevance: Chat messages must be relevant to the case.
Hearsay exceptions: Chats may be admitted under exceptions to hearsay rules.
Compliance with Evidence Acts: E.g., Section 65B of the Indian Evidence Act for electronic records.
Chain of Custody: Ensuring the evidence was preserved without alteration.
Important Case Laws on Social Media Chats as Evidence
1. Anvar P.V. v. P.K. Basheer & Ors. (2014) – Supreme Court of India
Facts: This case dealt broadly with electronic evidence, including emails and digital communications.
Issue: Whether electronic records can be admitted without proper certification.
Holding: The Supreme Court held that electronic evidence must be accompanied by a certificate under Section 65B of the Indian Evidence Act.
Relevance: Sets the gold standard for the admissibility of social media chats as electronic evidence in India.
2. State of Maharashtra v. Praful B. Desai (2003) – Supreme Court of India
Facts: Though not directly about social media (preceding social media era), this case dealt with electronic evidence and its reliability.
Holding: It emphasized the importance of proving the integrity and origin of electronic records.
Relevance: Laid down foundational principles for digital evidence, applicable to social media chats.
3. Ponnusamy v. Palaniappan (2018) – Madras High Court
Facts: The dispute involved defamatory messages sent through WhatsApp.
Issue: Whether WhatsApp chats could be accepted as proof.
Holding: The court admitted WhatsApp messages as evidence after verifying their authenticity through screenshots and witness testimony.
Significance: Affirmed social media chats can be credible evidence if properly authenticated.
4. Mehmood v. State of UP (2018) – Allahabad High Court
Facts: The accused threatened the victim via Facebook Messenger.
Issue: Admissibility of Facebook chats as evidence in a criminal case.
Holding: The court accepted the chat messages as proof since the prosecution established authenticity.
Significance: Demonstrates the growing judicial acceptance of social media chats in criminal matters.
5. Venkatesh v. State of Karnataka (2019) – Karnataka High Court
Facts: WhatsApp chats were central in proving the conspiracy in a criminal case.
Holding: Chats were admitted after proper certification and chain of custody were demonstrated.
Significance: Emphasizes the need for technical proof and expert testimony for electronic chats.
6. Trimble v. Division of State Police (U.S., 2019)
Facts: The defendant used Facebook Messenger chats to threaten the victim.
Issue: Authenticity and admissibility of Facebook messages.
Holding: The court ruled in favor of admitting the social media chats after verifying metadata and account ownership.
Relevance: Shows courts in other jurisdictions also rely heavily on social media messages.
Best Practices for Using Social Media Chats as Evidence
| Step | Explanation |
|---|---|
| Preserve the evidence | Take screenshots, export chats, and preserve metadata. |
| Authenticate the chats | Establish that the chat is from the relevant parties. |
| Obtain certifications | Use certificates like Section 65B (India) for admissibility. |
| Maintain chain of custody | Document how the evidence was handled and stored. |
| Expert testimony | Use digital forensic experts to validate authenticity if needed. |
Conclusion
Social media chats are increasingly valuable in courts around the world. Courts have accepted such evidence when it is authenticated properly and presented with due regard to legal procedures. These chats often form the backbone of cases involving defamation, threats, contracts, or even criminal conspiracies.
RELATED Blog
0 comments