This blog explains the admissibility of WhatsApp chats in Indian courts, focusing on Section 65B, cyber and criminal law use, and practical challenges.
WhatsApp has become one of the most popular mediums of communication, especially after the surge in digital interaction, which changed the way we basically interact. So, it is obvious that WhatsApp conversations are being used in legal cases revolving around cyber crimes and criminal trials. Indian legal system considers WhatsApp messages as electronic records, but their acceptance by the court cannot be taken for granted. The court demands that the procedures stated in the Indian Evidence Act, 1872 be followed strictly, particularly the Section 65B , for the messages to be allowed as evidence.
The present article deals with WhatsApp chats as evidence in Indian courts: the legal aspects concerning the acceptance of such evidence, their role in cyber and criminal law cases, and the difficulties faced while using such evidence in practice.
Introduction: Digital Communication and Modern Litigation
Technology has changed the way we gather and use evidence. Some of the conversations which used to be paper letters or face-to-face chats have now become instant messaging platform conversations. WhatsApp chats in various cases of criminal and cyber law are very useful to prove timelines, intentions, coordination, or admissions.
Though Indian judiciary accepts the use of digital evidence, it reflects a certain amount of caution. It is very easy to manufacture, change or manipulate digital evidence. Consequently, Courts are of the opinion that statutory compliance is necessary to maintain the credibility of the evidence and the fairness of the judicial process even if WhatsApp chats help to substantiate a legal claim or defence.
Legal Recognition of WhatsApp Chats as Electronic Evidence
Electronic Records under Indian Law
The Information Technology Act, 2000 has given legal status to electronic records. Any information that is produced, saved, or transmitted in electronic mode, is an electronic record. WhatsApp messages, as one form of electronic communication, are accordingly qualified to be exhibited in a court of law, along with the compliance of other evidentiary requirements.
Nevertheless, just being recognized does not mean that the document can be admitted automatically.
Indian Evidence Act, 1872: Governing Rules
Sections 65A and 65B
Electronic evidence has to be proved in accordance with the special procedure laid down in Sections 65A and 65B of the Indian Evidence Act. When evidence is of digital nature, these sections override the normal rules that apply to paper documents.
Since WhatsApp chats are typically exhibited through screenshots, printouts, or exported files, they constitute secondary electronic evidence and therefore must meet the criteria set out in Section 65B for their admission.
Section 65B Certificate: Mandatory Compliance
Normally, a WhatsApp chat is accompanied with a certificate issued under Section 65B(4) of the Evidence Act. This certificate is meant to assure the court that the electronic record (WhatsApp messages) is authentic and has not been altered in any way.
The certificate must clearly mention:
- Identification of WhatsApp chats relied upon
- The means employed for the extraction/production of the chats
- Details of the device on which the chats were created or stored
- Confirmation that the device was in proper working order
- Assertion that the record is a true and accurate reproduction
In the absence of such certificate, courts in general deny the admission of WhatsApp screenshots or printouts as evidence.
WhatsApp Chats in Cyber Law and Criminal Law Cases
Courts pay close attention to the following aspects when examining evidence:
- Where the chats were sourced from
- The authenticity of the data
- The use of forensic extraction methods
- Section 65B compliance
Digital forensics reports and certified extraction can significantly enhance the evidentiary value of WhatsApp chats in cyber law matters.
Use in Criminal Law Proceedings
WhatsApp messages can be used in criminal trials to demonstrate motive, conspiracy, preparation or post-offence conduct. However, criminal courts give greater weight to higher standards because of the serious consequences involved.
When it comes to WhatsApp chats, courts generally do not consider them as the sole basis for conviction. They tend to treat them as corroborative evidence that needs to be supplemented with, e.g., witness testimony, call records, bank statements, or other evidence.
Major issues when using WhatsApp chats as evidence
Authentication and Tampering
It is very easy to alter digital content. Courts are wary of screenshots without metadata or forensic support. Preservation of the original device and proper extraction methods are significant.
Message Attribution
Simply identifying the number from which a message was sent is not enough to prove the identity of the sender. Courts require evidence that links the phone number, device, and the individual, especially in criminal cases.
Completeness and Context
Selective use of message can distort the truth. Courts often require the complete conversation to understand the context, timing and continuity.
Illegally Obtained Chats and Privacy
Courts have ruled that relevant evidence obtained through improper means may still be admitted. But unlawfully accessing devices or accounts, apart from being in violation of cyber laws, can also be charged separately and may affect the weight of the evidence.
Steps that can be taken when using WhatsApp chats as evidence
- Make sure that you have the original phone that has the chats on the phone
- Resist the temptation to delete, edit or forward the chat to others
- Get the required Section 65B certificate
- Employ certified cyber forensic experts if there is a challenge on the authenticity of the evidence
- Present in evidence complete chat transcripts and not mere excerpts
These are the most important steps particularly for cyber crime and criminal law cases where the standards of evidence are very high.
WhatsApp chats have been recognised as legally admissible electronic evidence in India and may be used in civil, criminal, and cyber cases. Nevertheless, the legality of their use hinges on strict adherence to the Indian Evidence Act, particularly Section 65B. Generally, screenshots or printouts without proper certification are inadmissible.
Even when admitted, courts analyze WhatsApp chats very carefully. They evaluate their authenticity, attribution, and corroboration before finally deciding to rely on them. In cyber law and criminal law cases, forensic assistance and procedural compliance determine whether the chats obtain evidential credit.
Since digital communication is gradually becoming the one through which most legal disputes are conducted, courts will be expected to extend current evidentiary rules to new technologies while ensuring that the justice system remains fair and effective.
FAQs
1. Are WhatsApp chats capable of being admitted as evidence in Indian criminal cases?
Definitely, WhatsApp chats can be introduced as evidence in criminal cases but only after they meet the requirements laid down under Section 65B of the IDA. Courts usually call for corroboration and hence do not rely solely on chats for conviction purposes.
2. Is a screenshot of a WhatsApp chat enough to prove something?
Negative. A screenshot constitutes secondary electronic evidence and must be supported by a valid Section 65B certificate.
4. Can WhatsApp messages be used without the original phone?
Yes, but only if a Section 65B certificate is produced by the person in control of the device or system from which the chats were extracted.
5. Does a blue tick prove that a person read the message?
No. A blue tick only indicates delivery or opening on a device. It does not conclusively prove who read the message or accepted its contents.
Final Thoughts
WhatsApp chats can be powerful legal evidence only when supported by proper legal procedure and forensic compliance. For expert guidance, contact SJLC (Sushrut Joshi Law Clinic). Call: +91 99638 26959
