INTRODUCTION
It is the year 2026, and the rise of social media is already commendable. India has over 500 million people who use social media. Nowadays, every person shares every little detail of their life on the internet. Social media platforms like Instagram and WhatsApp allow people to record videos instantly. In today’s era, we can see a lot of people sharing videos of certain incidents they see and post it social media to grab people’s attention on that issue. Viral videos like that often become an important piece of a criminal investigation. Section 65A & 65B allows digital evidence in court, but a certificate under section 65B is necessary to submit the evidence. Social media evidence is mostly used in cases related to defamation and family disputes. But with the growing era of deepfakes and AI-generated content, it is hard to find the originality of the evidences and that’s where the judiciary faces challenges, whether to accept the social media evidence or not. It is hard to rely on that. That’s where the question arises: can viral videos circulating on social media be reliably used as evidence in Indian criminal trials?
MEANING OF SOCIAL MEDIA/VIRAL EVIDENCE
Viral evidence simply means a photo, video or any kind of information spreading rapidly on the internet, gaining the attention of millions of people. Somehow, any social media content, including chats are used by users as proof; this type of evidence is used as secondary evidence. Social media is seen as a source of evidence because internet users use these platforms to raise their voice and share their opinions by making a video and showcasing the crime that has happened, and they want to gain the attention of the government on the same issue. Content on social media leaves a digital footprint on the internet, which is mostly used in cases like cybercrime or harassment for tracking the suspect, as there is a saying that anything shared on the internet can never be erased.[1] Internet content is used as evidence because viral videos made by citizens, Instagram reels or stories, WhatsApp chats, and CCTV footage leaked online could be used to identify the suspect, to reconstruct a crime scene, or could be used in support of witness testimony. Though the rapid use of AI creates a doubt on online evidence, it can be misleading for the court.
LEGAL FRAMEWORK FOR ELECTRONIC EVIDENCE IN INDIA
The Indian Evidence Act, 1872was introduced during the colonial era, which is why earlier it didn’t have provisions regarding electronic evidence. Later, it was amended, and some provisions were added. Section 3 of the act was amended, “All documents produced for the inspection of the Court” was later changed to “All documents, including electronic records, produced for the inspection of the Court”. Section 3(2) of the act defined electronic evidence as “documentary evidence”.[2] Special sections 65A & 65B were added for the admissibility of electronic records such as WhatsApp chats, CCTV footage, Instagram viral videos, or stories in the court.[3] In Anvar P.V. v. P.K. Basheer, stated that electronic evidence requires proper certification. In Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, reaffirmed the mandatory requirement of the Section 65B certificate. Section 67A & 73A, as to proof of electronic signature and proof for electronic signature, for example, DSC, while submitting an electronic signature in its verification proof, should be submitted to the court to make it admissible in the court.[4] The Information Technology Act, 2000, section 4 gave legal recognition to electronic records, and section 2(1)(t) defined electronic records as any image or sound received or sent in electronic form.[5] Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Evidence Act, 1872, sections 62 & 63, lays down rules regarding the admissibility of electronic records.[6]
CHALLENGES OF VIRAL VIDEOS AS EVIDENCE
There are major challenges concerning social media- derived information as evidence –
- Authenticity- To find the real owner of the viral video becomes very difficult when the same video circulates all over the internet, in the case of viral videos on social media platforms. In case of WhatsApp or Instagram chats, the courts find it difficult to determine whether the chats are original or have been made up by using a graphic design application or by AI.
- Deepfakes and AI manipulation- the use of photographs and videos as evidence is not quite trustworthy. Nowadays, any image can be created using AI, which seems real. The growing phase of Deepfakes and AI makes it very difficult to believe them and present them as evidence. These types of media evidence are only admissible by an expert and not by an ordinary person.[7]
- Privacy concerns- recording someone and circulating their video without their permission would lead to a violation of the Right to privacy. Right to privacy is a fundamental right guaranteed by the Constitution of India; it can’t be violated.
- Influence on public opinion- The viral videos often influence people, which sometimes leads to public outrage. People form their opinion before the court gives its judgment, which prejudices the court proceedings.
IMPACT ON FAIR TRIAL
Criminal proceedings follow the principle of fair trial. It was first interpreted in the case Zahira Habibullah Sheikh v. State of Gujarat, 2002, the woman who was the prime witness of the crime first testified against the accused, but later changed her statement in court. Then Zahira claimed that she was threatened and coerced into giving the testimony, the court held the importance of a fair trial, stating that the judicial proceeding needs to be unbiased and free from external pressure.
The viral videos sometimes lead to major public outrage, as social media holds great influence over the people using it. People already make up a judgment based on half information and get angry if the judgment is not given based on their opinion. It may create pressure on the judges and the investigators. Courts must thoroughly examine such evidence before giving a judgment.
NEED FOR JUDICIAL SAFEGUARDS
Some judicial safeguards should be taken-
- The courts should do strict verification of such digital evidence to prove its authenticity.
- Forensic examination of the video should be done to find its originality, and guidelines for handling social media evidence should be made by the legislature.
- The courts must balance the technological benefits and protect the fair trial
CONCLUSION
The rapid growth of social media platforms such as Instagram and WhatsApp has significantly changed the way information is shared and consumed in society. Viral videos, online chats, and other forms of digital content are increasingly being used in criminal investigations and court proceedings.
The legal framework in India, including provisions under the Indian Evidence Act and the Bharatiya Sakshya Adhiniyam, along with judicial precedents, attempts to regulate the admissibility of electronic evidence through requirements such as certification under Section 65B.
Therefore, it becomes essential for courts to adopt strict verification mechanisms, encourage forensic examination of electronic records, and develop clear guidelines for the handling of social media evidence. While technological advancements offer new tools for justice, the judiciary must ensure that the use of such evidence does not compromise the principles of fairness, authenticity, and the right to a fair trial.
Author(s) Name: Palak Verma (Apex University)
References:
[1] Hiral Gupta, “THE IMPACT OF SOCIAL MEDIA EVIDENCE ON LEGAL PROCEEDINGS: PRIVACY AND AUTHENTICATION ISSUE”, Indian Journal of Law and Legal Research, Volume VI Issue VI, < THE IMPACT OF SOCIAL MEDIA EVIDENCE ON LEGAL PROCEEDINGS- PRIVACY AND AUTHENTICATION ISSUES.pdf>, accessed 21 March 2026
[2] Indian Evidence Act, 1872
[3] Ibid
[4] Ibid
[5] Sake Jyothi, “ELECTRONIC EVIDENCE-AN OVERVIEW”, s3waas, <Microsoft Word – ELECTRONIC EVIDENCE> accessed 23 March 2026
[6] Bharatiya Sakshya Adhiniyam, 2023 (BSA)
[7] Sarvesh Raizada, “Social Media as a Source of Evidence”, International Journal of Law Management & Humanities, Vol. 4 Iss 3; 498, <Social-Media-as-a-Source-of-Evidence.pdf >, accessed 27 March 2026