The Information Technology Act, 2000 and its Amendment 2008,

Section 2(1)(t) explains what an electronic record is and it is generated from an electronic device. Further in Section 2(1)(ha) of the same Act it has been amended in 2008 that an electronic device means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image. So the Information Technology Act approves the usage of electronic record collected from electronic device.

Further in the Indian Evidence Act, 1872 Section 2(e)(2) all documents including electronic records produced for the inspection of the Court are called documentary evidence but the factual existence of the document also has to be proved in the court to make it a valid documentary evidence.

So based on the above discussions it is very pertinent to note that any message, screenshot, photo or video that is been sent or recorded using a mobile phone can become a valid documentary evidence in the court of law. Hence be legitimate and responsible while you use your mobile phones and other applications like whatsapp, Facebook, Instagram and many others.

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