WhatsApp messages, emails, photographs, recordings and social-media posts can be important in a dispute, complaint or court case. But a screenshot alone may not tell the full story: context can be missing, dates may be unclear, and the original file or device may be needed to assess authenticity. This guide explains practical preservation steps in Sri Lanka while emphasizing that relevance, admissibility and evidential weight depend on the law and facts of the particular proceeding.
Table of Contents
1. Preserve before you edit or forward
Do not crop, annotate, rename, filter, convert or repeatedly forward the only copy of a relevant item. Preserve the original message or file and make a separate working copy for highlighting or explanation. If the evidence is on a device, avoid deleting the conversation or resetting the device. Where the matter is serious, seek advice promptly about a forensically sound preservation process.
2. WhatsApp messages and chat history
Preserve the relevant conversation in its surrounding context, including the participants, dates and adjacent messages needed to understand it. Depending on the situation, retain the original device, use the app’s available export or backup functions, and save attachments separately without changing their contents. Record who controlled the device and how the material was collected. An exported text file or screenshot can be useful, but it may not preserve every technical attribute of the original chat.
3. Screenshots: useful, but limited
A screenshot should be captured in a way that makes its source and context understandable. Keep the unedited original image, note when and how it was captured, and preserve the device or account from which it came. Avoid presenting a cropped excerpt as though it were the entire conversation. If a date, sender identity or sequence is disputed, the screenshot may need to be supported by other material.
4. Emails, photographs, audio and video
For email, retain the message in its original mailbox and, where possible, save the original message file with headers rather than only printing the visible text. For photographs, audio and video, keep the original file and preserve available metadata. Do not use enhancement, noise removal or editing on the only copy. If an enhanced version is prepared for clarity, retain the source and document what was changed.
5. A practical preservation checklist
| Step | Action | Record |
|---|---|---|
| 1 | Keep the original device or account available | Owner, custodian and access details |
| 2 | Save an unedited copy of the relevant material | File name, format and storage location |
| 3 | Capture surrounding context | Participants, date/time and adjacent messages |
| 4 | Make a separate working copy | What was copied or annotated |
| 5 | Restrict access and avoid unnecessary sharing | Who received a copy and when |
| 6 | Seek advice before forensic examination or disclosure | Instructions, scope and chain of custody |
6. Authenticity, integrity and chain of custody
Be ready to explain where the item came from, who collected it, how it was stored and whether it was altered. A chain-of-custody record can include the collector, date and time, device or source, method of copying, storage medium and every transfer. For digital files, a cryptographic hash may help demonstrate that a file has not changed since it was hashed, but a matching hash does not by itself prove who created the file or whether the content is true.
Do not attempt to access another person’s account, bypass security, install spyware or obtain material unlawfully. If the evidence is controlled by another party, obtain legal advice on lawful preservation, disclosure or court processes.
7. Legal framework: verify the applicable route
Questions about electronic records may engage Sri Lanka’s Electronic Transactions Act, No. 19 of 2006 (as amended), the Evidence Ordinance, procedural legislation and any special rules applicable to the proceeding. The precise route depends on the type of case, the nature of the record and the issue for which it is tendered. Do not assume that an electronic record is automatically admissible—or automatically inadmissible—merely because it is digital.
Before relying on a document in court, verify the current statutory provisions and relevant decisions, including the Electronic Transactions Act, No. 19 of 2006 and any relevant amendments. Consider whether the record needs a witness to explain its source, a certificate or other foundation, expert evidence, or additional proof of identity and integrity. These are case-specific legal questions.
8. Common mistakes that weaken digital evidence
- Keeping only a cropped screenshot when the original conversation remains available.
- Forwarding a file repeatedly and losing information about its source.
- Editing or enhancing the only copy.
- Failing to record who collected or handled the evidence.
- Assuming a displayed name proves the identity of the sender.
- Sharing private material widely or accessing accounts without authorization.
- Confusing proof that a file has not changed with proof that its contents are true.
Frequently asked questions
Are WhatsApp screenshots admissible in Sri Lankan courts?
That cannot be answered categorically for every case. The court will apply the relevant law to the purpose, authenticity, context and foundation for the evidence. Preserve the original conversation and obtain case-specific legal advice.
Should I delete irrelevant messages before giving the phone to a lawyer?
No. Do not delete or alter potentially relevant material. Ask your lawyer how to preserve the device and handle private or unrelated information lawfully and proportionately.
Does a file hash prove that a video is genuine?
No. A hash can help show whether the file has changed since a particular hash was recorded. It does not establish who recorded it, when the depicted event occurred or whether the content is authentic.
What if the evidence is on someone else’s phone?
Do not access the device or account without authorization. Ask a lawyer about lawful requests, preservation notices or court procedures that may apply to the circumstances.
Conclusion
Preserve the original, capture enough context to understand it, document how it was handled, limit access and check the applicable law before relying on digital material in a proceeding. For related guidance, see HICONT’s resources on Sri Lankan legal procedure and practical legal preparation.
Legal note: This article provides general information, not a determination of admissibility in any particular case. Verify the current legislation and case law before filing or tendering digital evidence.