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Ashia Shinde (Lawyer)     30 January 2025

Can photos stored only in google photos (storage saver) be used as digital evidence in court?

A client had important photos related to a legal case, which were automatically uploaded to Google Photos using the Storage Saver option. This means the photos were compressed, and the original files were deleted from the client’s phone. Now, the only copies available are in Google Photos.

As a lawyer, I want to know whether these photos can still be used as valid digital evidence in court. Could the compression or lack of original metadata create legal or technical challenges in proving their authenticity?



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     30 January 2025

Photographs can be produced as evidence in a civil suit under the provisions of the Indian Evidence Act, primarily through Section 63 (also Section 63 of the Bharatiya Sakshya Adhiniyam, 2023) which allows for secondary evidence of documents, including photographs, if their accuracy is properly verified and proven relevant to the case at hand; the party presenting the photograph must demonstrate that it is a true representation of the subject matter through witness testimony or other means. 

The party presenting the photograph must prove its authenticity by providing evidence that it accurately depicts the subject matter. 

Photographs should not be manipulated or altered in any way that could distort the truth

Section 65 of I E Act outlines the circumstances under which secondary evidence (like photographs) can be admitted if the original document is not available due to loss, destruction, or being in the possession of the opposing party. 

Section 65B of I E Act deals specifically with electronic evidence, including digital photographs, and requires a certificate to prove their authenticity in certain situations. 

You may file the said certificate along with the evidence. 


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