The Supreme Court has recently delivered a significant ruling regarding the admissibility of private conversations between spouses as evidence in court. The court clarified that a secretly recorded private conversation between a husband and wife is admissible as evidence, particularly in matrimonial disputes, as long as it doesn't breach privacy rights.
This ruling addresses Section 122 of the Evidence Act, which typically protects marital communications. However, the court emphasized that there are exceptions to this protection to ensure fair trials. The court also acknowledged the role of modern technology in recording conversations, further supporting the admissibility of such evidence.
In the Philippines, a similar stance has been taken regarding digital evidence obtained by private individuals. The Supreme Court of the Philippines has ruled that photos and messages obtained from platforms like Facebook Messenger by private individuals are admissible as evidence in court. This ruling came about in a case involving the Anti-Child Pornography Act, where a chat thread was presented as evidence. The court stated that the right to privacy, as enshrined in the Bill of Rights, is primarily intended to protect citizens from government intrusion and cannot be invoked against private individuals. The court also noted that if an individual shares their password, they lose reasonable expectation of privacy.
Furthermore, the Supreme Court of the Philippines has also addressed the admissibility of online chat logs and videos as evidence in criminal proceedings. The court has stated that using such digital evidence does not violate the right to privacy if it is used to determine whether a crime has been committed. This position aligns with the Data Privacy Act of 2012, which allows for the processing of sensitive personal information when it is necessary to determine criminal liability or to protect the lawful rights and interests of individuals in court proceedings. The Supreme Court has emphasized that the evidence must be presented to assess criminal liability.
However, it's important to note that there are nuances to the admissibility of electronic evidence. Screenshots of group chats are generally admissible in Philippine courts, provided they meet certain criteria, including relevance, proper authentication, and compliance with privacy and wiretap laws. Courts balance the acceptance of digital conversations with safeguards against secret interception and data abuses. To prove that a chat screenshot is genuine, one may need to provide a witness with knowledge, a digital signature, metadata, or expert testimony.
In conclusion, the Supreme Court rulings, both in India and the Philippines, suggest a growing acceptance of privately recorded or obtained digital communications as evidence in legal proceedings, with certain conditions. The key considerations are the context in which the evidence was obtained, the purpose for which it is being used, and the need to balance privacy rights with the pursuit of justice.