Admissibility of mobile screen photos to prove an affair

698 votes

Challenge Irrelevancy and Privacy Violation (Puttaswamy Precedent): Under K.S. Puttaswamy v. Union of India, privacy is a fundamental right. Courts (including various High Courts) have held that evidence collected through illicit, covert, or unauthorized intrusion into a spouse's personal phone can be rejected on the grounds of constitutional privacy violations. ​Non-Compliance with Electronic Evidence Laws (Section 63 BSA / 65B Evidence Act): A photograph of a phone screen is secondary electronic evidence. Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 65B of the Indian Evidence Act, 1872), secondary electronic evidence is legally inadmissible unless accompanied by a mandatory legal certificate from the person who had lawful custody of the original source device. ​Without the original device or forensic hash values, a printout or secondary photo of a screen cannot prove authenticity, making it susceptible to allegations of tampering, morphing, or editing. ​Immediate Court Action: File an Interlocutory Application (IA) before the Family Court objecting to the admissibility of the photographs, highlighting illegal procurement, chain-of-custody failure, and lack of statutory certification.

Advocate Sreelakshmi A S LawRato

689 votes

hello sir screenshot taking without your permission cannot be used as evidence. sir im a divorce lawyer and my office is at vnqchiyoor junction Trivandrum. please contact me at the number from the site.

Advocate Priyakumar Thankaswami LawRato

570 votes

even if you admit or deny the burden of proof lies on you either the side. now the electronic evidence are admissable in court. this alone cannot be a ground for divorce. that is just a mear allegations.

Advocate Nigi George LawRato