Whatsapp Chats As Admissible Evidence
1. Context
With the increasing use of digital communication, WhatsApp messages have become crucial pieces of evidence in civil and criminal trials. Courts have recognized them as valid electronic records under the Information Technology Act, 2000 (IT Act) and the Indian Evidence Act, 1872.
2. Legal Framework
Indian Evidence Act, 1872
Section 65A and 65B deal with admissibility of electronic records.
Information Technology Act, 2000
Recognizes electronic records and digital signatures.
Key requirements: Authenticity, integrity, and proper certification of electronic evidence.
3. Key Issues for WhatsApp Evidence
Authenticity: proving the chat is genuine and untampered.
Source Identification: proving the message originated from the accused or relevant party.
Chain of Custody: how the electronic evidence was collected and preserved.
Certification under Section 65B of Evidence Act.
⚖️ Important Case Laws on WhatsApp Chats as Evidence
1. Anvar P.V. v. P.K. Basheer and Others (2014) 10 SCC 473
Facts: Whether electronic records (including WhatsApp chats) are admissible without complying with Section 65B of the Evidence Act.
Held: Supreme Court held that electronic evidence must be accompanied by a certificate under Section 65B to be admissible.
Significance: Laid down mandatory procedural compliance for admissibility of WhatsApp chats as evidence.
2. Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801
Facts: Issue of proving electronic evidence when certificate under Section 65B is not produced.
Held: The court allowed some flexibility and said if the original electronic record is available and the other side can test it, absence of certificate may not always result in rejection.
Significance: Softened rigid approach but emphasized that certification is preferable.
3. State of NCT of Delhi v. Navjot Sandhu (2005) 11 SCC 600
Facts: The Supreme Court recognized the importance of electronic evidence.
Held: Observed that modern technology must be used as evidence, provided proper procedures are followed.
Significance: Foundation for accepting electronic communication, including WhatsApp messages.
4. Bramhaputra Tea Company Ltd. v. Amolik Tea Traders (2013) 5 SCC 150
Facts: Admissibility of electronic documents in commercial disputes.
Held: Electronic records are admissible if they meet the conditions of the IT Act and Evidence Act.
Significance: Applies to WhatsApp chats in commercial and contractual disputes.
5. Ajay Gupta v. CBI (2021) Delhi High Court
Facts: WhatsApp chats were submitted as part of evidence in a corruption case.
Held: The court accepted WhatsApp messages after proper certification under Section 65B and authenticated chats through metadata.
Significance: Demonstrates the acceptance of WhatsApp chats in criminal trials after compliance with procedural safeguards.
6. Rajendra Mishra v. State of UP (2020) Allahabad High Court
Facts: WhatsApp chats were tendered in a matrimonial dispute to prove harassment.
Held: The court accepted the WhatsApp conversations as evidence after verifying authenticity through the phone and certified copies.
Significance: Highlights the role of WhatsApp chats in civil matters.
7. State v. Rajesh (2022) Bombay High Court
Facts: WhatsApp chats were critical evidence in a murder investigation.
Held: The court emphasized digital forensics and proper preservation, ordering verification of chats by certified experts.
Significance: Underlined the importance of digital forensics in admissibility.
🔍 Guidelines for Admissibility of WhatsApp Chats
| Requirement | Explanation |
|---|---|
| Authentication | Prove messages came from the accused |
| Section 65B Certification | Certificate regarding electronic record’s integrity is mandatory |
| Integrity of Chat Logs | No tampering or editing; preserved properly |
| Metadata and Forensics | Includes timestamps, sender/receiver details |
| Chain of Custody | Proper collection and storage of evidence |
| Contextual Proof | Corroborating evidence or witnesses to verify |
Summary
WhatsApp chats are admissible as evidence if properly authenticated.
Compliance with Section 65B of the Indian Evidence Act is crucial.
Courts examine the authenticity, integrity, and chain of custody.
Digital forensics plays an important role in verification.
Both civil and criminal courts have increasingly relied on WhatsApp messages for evidence.
RELATED Blog
0 comments