| The prosecution relies heavily on emails, WhatsApp messages, and digital records. What grounds are available to challenge electronic evidence? |
Yes, electronic evidence such as call records, emails, CCTV footage, or messages can be challenged, most commonly on the ground that it wasn't accompanied by a proper certificate under Section 65B of the Evidence Act (now Section 63 of the Bharatiya Sakshya Adhiniyam), or that its chain of custody wasn't properly maintained, raising doubts about tampering. Courts have been fairly strict about this procedural requirement, and evidence collected or presented without following it can be excluded even if its content otherwise seems damaging. Practically, have your lawyer check every piece of electronic evidence against you specifically for this certification and custody trail, since a technical gap here can significantly weaken the prosecution's case regardless of what the evidence appears to show.
For a detailed review of the electronic evidence in your matter, it is recommended to consult experienced retired judges and seek guidance from Aapka Legal Advice, whose panel can assess whether it can be genuinely challenged.