AI Fake Photographs in Divorce Cases | Legal Scrutiny of Adultery Evidence

AI-Generated Fake Photographs in Divorce Proceedings: Legal Scrutiny of Adultery Allegations

1. Introduction

In recent years, matrimonial courts have witnessed an increasing reliance on digital material, particularly photographs, to support allegations of adultery in divorce proceedings. With the advent of artificial intelligence, it has become technically easy to generate realistic but entirely fabricated images. This development has raised serious concerns regarding authenticity, reliability, and misuse of evidence. Indian courts have therefore been required to balance technological realities with settled principles of matrimonial law and evidence.

2. Legal Position on Proof of Adultery

Adultery is recognised as a grave matrimonial fault under Indian matrimonial law. Courts have consistently held that such an allegation must be proved by the party asserting it. The standard of proof applied is that of preponderance of probabilities, but the degree of proof required is necessarily higher due to the serious civil consequences attached to a finding of adultery.

It has been repeatedly observed that:
• Adultery cannot be inferred from suspicion or conjecture
• Moral assumptions or social perceptions are legally irrelevant
• The allegation must be supported by cogent and convincing evidence

Courts require circumstances which, taken cumulatively, lead to a clear and reasonable inference of adulterous conduct.

3. Nature of AI-Generated Photographs as Evidence

AI-generated or digitally manipulated photographs fall within the category of electronic evidence. Courts have taken judicial notice of the fact that images can now be created without any real-world occurrence. As a result, photographs no longer enjoy any presumption of authenticity merely because they appear realistic.

The evidentiary value of such photographs depends upon:
• Proof of origin and authorship
• Establishment of the device or system used
• Integrity of the digital file and absence of manipulation
• Technical verification through forensic examination

Without these foundational elements, a photograph, particularly one alleged to be AI-generated, remains a visual assertion rather than legal proof.

**4. Applicability of Section 63, Bharatiya Sakshya Adhiniyam, 2023

(Earlier Section 65B, Indian Evidence Act, 1872)**

With the enactment of the Bharatiya Sakshya Adhiniyam, 2023, electronic evidence is now governed by Section 63, which substantially carries forward the principles earlier embodied in Section 65B of the Indian Evidence Act, 1872.

Courts have consistently held that electronic records are inadmissible unless statutory conditions are strictly complied with.

Under Section 63:
• Any electronic record sought to be relied upon must be accompanied by a certificate
• The certificate must specify:
o The manner in which the electronic record was produced
o The device or system used
o That the record was produced from a computer or device in regular use
o That the information was fed in the ordinary course of activity

In the absence of such certification, an electronic photograph, irrespective of its apparent realism, cannot be read in evidence.

In matrimonial disputes involving AI-generated photographs, this requirement becomes crucial. Courts have clarified that:
• Screenshots, printouts, or downloaded images without statutory certification carry no evidentiary value
• Mere filing of a digital image does not dispense with compliance under Section 63
• Technical objections to admissibility can be raised at any stage

Where AI manipulation is alleged, courts expect even stricter compliance, often coupled with forensic examination.

5. Judicial Approach in Matrimonial Courts

Family courts and appellate courts adopt a cautious and structured approach when adultery is sought to be proved through photographs alone. Courts examine whether:
• The image conclusively establishes physical intimacy
• The photograph is contemporaneous with the alleged conduct
• The digital material is supported by surrounding circumstances
• Oral testimony and documentary evidence are consistent with the allegation

The Supreme Court of India has repeatedly emphasised that matrimonial reliefs cannot be granted on the basis of doubtful, manufactured, or unverified evidence. Where the possibility of digital manipulation exists, the burden lies heavily on the alleging party to dispel such doubt through legally admissible material.

6. Requirement of Corroboration

Courts have consistently held that photographs, even when genuine, are ordinarily corroborative in nature. In cases involving AI-generated images, corroboration becomes indispensable. This may include:
• Independent witness testimony
• Electronic records establishing interaction or proximity
• Consistent conduct indicative of an adulterous relationship

An isolated image, unsupported by corroborative material, is insufficient to meet the legal threshold required to prove adultery.

7. Consequences of Producing Fabricated Digital Evidence

The production of AI-generated fake photographs in matrimonial litigation has serious legal implications. Courts have observed that fabrication of evidence:
• Undermines the sanctity of judicial proceedings
• Affects the credibility of the party relying upon such material
• May invite adverse inference while deciding the dispute

Judicial discretion is often exercised against parties who attempt to secure relief through unreliable or manipulated evidence.

8. Technology and Legal Accountability

While courts acknowledge technological advancement, they have clarified that technology does not alter substantive legal standards. The ease of creating digital material does not reduce the obligation to prove authenticity and truth. The judicial focus remains on reliability, consistency, and probative value, rather than on the sophistication of the medium used.

It has been observed that:

Digital realism cannot substitute legal proof.

9. Conclusion

AI-generated fake photographs, though increasingly produced in divorce proceedings to support allegations of adultery, are subjected to strict judicial scrutiny under Indian law. Courts do not accept such material at face value and require:
• Statutory compliance under Section 63 of the Bharatiya Sakshya Adhiniyam
• Proof of authenticity and source
• Independent corroboration and consistency with surrounding circumstances

The settled legal position remains that adultery must be proved through credible, legally admissible evidence. Technological innovation does not dilute this requirement. Matrimonial adjudication continues to rest on principles of fairness, truth, and judicial caution, ensuring that relief is granted only on the basis of reliable proof and not on digitally manufactured appearances.

Written by Adv. Aman Chawla, practising in Delhi, focuses on matrimonial and family law matters.