The Digital Trail is Now Legally Binding
With the introduction of the Bharatiya Sakshya Adhiniyam (BSA), 2023, India retired its colonial-era Indian Evidence Act of 1872. This shift isn’t just semantic; it completely redefines how digital evidence is treated in courts. From WhatsApp chats to screen recordings, everything you type, send, or forward can now be admissible in court.
But here’s the kicker: screenshots alone aren’t enough.
Under the BSA, digital messages, images, and files must pass specific criteria before they can be treated as legitimate legal evidence. The new law gives teeth to digital interactions, but only if the chain of custody, certification, and device metadata is verified. That “forwarded many times” label? It’s not just a nuisance anymore, it’s a legal breadcrumb.
So, Are Screenshots Considered Legal Evidence?
Yes, but not automatically. Section 61 of the BSA ensures that electronic records cannot be rejected solely because they are in digital form. That includes:
- Chat logs
- Screenshots
- Audio recordings
- PDFs
- Videos
- Cloud-based logs
But to be held up in court, these must meet the conditions outlined in Section 63(4), which replaced the infamous Section 65B under the old Evidence Act.
If you want to submit WhatsApp screenshots as secondary evidence (i.e., not from the original device), you need:
- A 63(4) certificate
- Metadata outlining the device used
- Details of how the evidence was collected
- Signature of the authority responsible and digital forensic expert
Without this? Your screenshots are as good as gossip in a courtroom.
Case in Point: Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal
In this landmark case, the Supreme Court of India emphasized that electronic evidence, if submitted in a secondary format like a screenshot or printout, must be backed by a valid certificate. Authenticity isn’t enough, compliance is key.
Forwarding a Message = Accepting Legal Liability
Here’s where it gets uncomfortable.
In India, forwarding an unlawful or inflammatory message, even without creating it can make you criminally liable. Courts have consistently ruled that ignorance is not a defence if your action enables the spread of misinformation, defamation, or hate speech.
Applicable Laws:
- Section 66A of the IT Act (struck down, but similar charges can arise under other provisions)
- Section 69 of the IT Act (interception and decryption)
- IPC Sections 124A (Sedition), 153A (Promoting enmity), 505 (Rumors), 500 (Defamation
Admins: You’re Not Off the Hook
WhatsApp’s latest feature, admin approval for group members, wasn’t just about reducing spam. It was a legal safety net. Group admins can now pre-screen who joins and what content is posted, offering a degree of control and liability.
In several high-profile cases, courts have begun holding admins accountable for failing to moderate content in their groups.
While the law doesn’t automatically punish admins for every member’s message, passive moderation can be interpreted as tacit approval, especially when:
- Inflammatory content remains unaddressed
- The admin is actively participating in the discussion
- Complaints are made and ignored
Digital Responsibility in the Age of End-to-End Encryption
Let’s be clear, end-to-end encryption protects your messages from third parties, not from the law. If your chat history becomes part of a criminal investigation, your device may be seized, and chats forensically recovered, decrypted, and presented in court.
And that’s not all.
What If I Refuse to Share My Device?
If your name appears in a cybercrime FIR, not cooperating with authorities can trigger more legal action. The BSA ensures that courts can demand original digital devices, especially when public interest or national security is at stake.
The Real Question: What Counts as a Crime Online Today?
In today’s regulatory climate, the following can be punishable offences under Indian cyber laws:
- Forwarding deepfakes or morphed images
- Sharing child sexual abuse material (CSAM), even unknowingly
- Posting false election content or public health misinformation
- Circulating defamatory memes or jokes
- Encouraging financial scams (e.g., job offers, phishing links)
And under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, intermediaries like WhatsApp are now required to retain originator information for flagged content making it traceable to you.
Screenshots Can Help You or Hurt You
It depends on how they’re used and whether they’re properly certified. Just because you have a message that “proves” your innocence doesn’t mean the court will accept it unless it meets Section 63(4) requirements. Similarly, you can’t just submit a PDF of a threatening message, you’ll need to prove the source, chain of custody, and its originality.
We’re in a Post-Privacy, High-Traceability Era
In an increasingly virtual-first world, the law is catching up to how we communicate. What was once private banter, gossip, rants is now discoverable, traceable, and legally actionable. The WhatsApp group you created for college friends or office banter could easily become a crime scene if someone forwards the wrong content.
Digital freedom doesn’t mean legal immunity.
Final Takeaways
- Yes, WhatsApp messages can land you in jail, if they’re unlawful and shared recklessly.
- Screenshots are not automatically valid evidence; they require proper certification under Section 63(4) of the BSA.
- Admins can be held liable for unlawful content in group chats.
- New features like member approvals and originator tracking are now legal tools—not just product updates.
- Be mindful of what you forward. Think twice before clicking “Send.”
In Summary:
India’s new legal framework is placing greater responsibility on digital citizens. Every tap, message, and forward carries a potential legal footprint. In a world where your phone could be both your witness and your accuser, knowing the law isn’t optional, it is essential.
