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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?



 4 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. 

Dr. J C Vashista (Advocate )     31 January 2025

Very well analysed, opined and advised by learned senior expert Mr. T Kalaiselvan, which I endorse and appreciate his acumen.

Submit the photographs with a certificate u/s 65B of Evidence Act (now 63 of BSA, 2023) it is admissible in evidence.

Advocate Bhartesh goyal (advocate)     31 January 2025

Yes,photos are admissible in evidence subject to submission of certificate u/sec 65 B of Evidence Act.

Ashia Shinde (Lawyer)     07 February 2025

Thank you all for your response. I would like to clarify an important point regarding the admissibility of a photograph that has undergone compression due to the "Storage Saver" option in Google Photos. 

  • Photo 1 (Original) had an MD5 hash of: be2c2bbdb12b8827f68104f7afea9271.
  • Photo 2 (Compressed, stored in Google Photos) has an MD5 hash of: 7cc25e764675f6898aa50b93281aecf5

While both photos visually appear the same, their hash values differ due to compression. The original file (Photo 1) is no longer available, and only the compressed version (Photo 2) can be presented as evidence.

  1. In this scenario, can Photo 2 be admitted as digital evidence in both criminal and civil cases, considering it is the only available version?
  2. Would the Section 65B certificate need to explicitly mention that the photo was uploaded to Google Photos using the Storage Saver option and that the original is unavailable? Or is this detail unnecessary?

I appreciate your insights on this matter. Sample photos are as follow. For hash calculation used: https://md5file.com/calculator

Photo 1 (Original): MD5 hash of: be2c2bbdb12b8827f68104f7afea9271

Photo 1 (Original)

Photo 2 (Compressed, stored in Google Photos): MD5 hash of: 7cc25e764675f6898aa50b93281aecf5

Photo 2 (Compressed, stored in Google Photos)


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