Exploring
How Courts Handle Your Digital Conversations
Introduction: When Chats Go from Private to Legal
In this modern era, most of the businesses,
firms or people of any professional field rely on internet for smooth working.
The rapid technology advancement has led to widespread use of digital platforms
like WhatsApp, Telegram, Instagram, etc.
With over 500 million users in India, WhatsApp has become the primary
mode of communication - whether it’s casual chats, business deals, or even
sensitive personal exchanges. Whatsapp provides end-to-end encryption feature
in which no third party even WhatsApp itself cannot read the chats between its
users. After introduction of this feature in 2016, WhatsApp has become more
trusted source for communication. Many people and businesses treat Whatsapp
chats as evidence. Due to its popularity, even courts were compelled to decide
whether such modes of communication can be treated as evidence in legal dispute
or not.
But the question arises: What happens when
these messages land in a courtroom? Can WhatsApp chats really be used as
evidence? And more importantly - are there limits to how far courts will accept
them?
Are WhatsApp Chats Admissible in Indian Courts?
Yes, WhatsApp chats can be used as evidence
in Indian courts but with conditions. There are some guidelines that must be
followed in order to use WhatsApp content as evidence in court:
- The target recipient must receive the communications.
- It is necessary to use the phone frequently. It should not suffer any damage.
- The sender must have intended
for the communication to be sent.
- The information in the original electronic record and the duplicate copy that is produced in court must match.
Under the Indian
Evidence Act, 1872, electronic messages, including WhatsApp chats, are
classified as electronic records under Section 65B.
Section 65B(1), Indian Evidence Act
“Any information contained in an electronic record... which is printed on
paper, stored, recorded or copied in optical or magnetic media... shall be
deemed to be also a document.”
Landmark Judgements on Electronic Evidence in India
Dell International India Pvt Ltd v. Adeel Feroze and Ors.
Court: Karnataka High Court | Year: 2023
Key Takeaways:
- WhatsApp chats were held to be secondary evidence, not primary.
- The court emphasized that messages without a certificate under Section 65B of the Indian Evidence Act are not admissible as per law.
- Forwarded messages or screenshots alone are insufficient to prove authorship or authenticity.
Impact: This case reinforces the need for
Section 65B certification for digital evidence to be admissible in court.
Anvar P.V. v. P.K. Basheer & Others
Court: Supreme Court | Year: 2014
Key Takeaways:
Landmark case that overruled the earlier judgment in Navjot Sandhu (2005) (Parliament attack case).
- Court held that electronic records must be accompanied by a Section 65B certificate to be admissible.
- Without such certification, electronic evidence is inadmissible regardless of reliability.
Impact: This judgment laid the foundation
for strict procedural compliance in presenting digital evidence.
Shafhi Mohammad v. State of Himachal Pradesh
Court: Supreme Court | Year: 2018
Key Takeaways:
- The court relaxed the requirement of a 65B certificate in certain situations.
- If the party does not have control over the electronic device, then oral evidence or alternative proof may be accepted.
Impact: Provided flexibility for genuine
litigants in cases where getting the original device is not possible (e.g.,
third-party WhatsApp messages).
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal & Others
Court: Supreme Court | Year: 2020
Key Takeaways:
A three-judge bench clarified the law on digital evidence post-Anvar P.V.
- Reaffirmed that Section 65B certificate is mandatory when the device is in possession of the party.
- Overruled the flexible approach laid down in Shafhi Mohammad.
- Allowed for summoning of device custodians (e.g., telecom companies) to produce certificates.
Impact: Re-established stricter standards
for digital admissibility and harmonized interpretation of Anvar P.V.
Why Is the Section 65B Certificate So Important?
To ensure that electronic records aren’t
tampered with, the law requires a technical certification (Section 65B
certificate) which must:
- Be signed by a responsible person from the source of the data
- State that the electronic record was produced from a device regularly used
- Explain the process and conditions of data extraction
Without this, even the most damning chat can be thrown out as inadmissible.
Can Screenshots Be Used Without a Certificate?
Technically, no - not as primary evidence.
You may produce screenshots of chats as secondary evidence, but without a 65B
certificate, courts are likely to reject them or demand the original device.
However, if the other party does not object or admits the chat, the judge may
use discretion.
Real-Life Example: WhatsApp Evidence in Action
In the 2018 Bombay High Court case, SBI
Cards and Payments Services Pvt. Ltd. v. Rohidas Jadhav, WhatsApp messages
sent by a recovery agent to the borrower were cited. The Court accepted
WhatsApp delivery and blue ticks as valid proof of service under Order XXI Rule
22 of the CPC. However, it was also clarified that mere screenshots are not
sufficient to prove authenticity unless accompanied by a Section 65B
certificate as required under the Indian Evidence Act.
In contrast, in Mahavir Singh v. State
of MP, WhatsApp chats retrieved directly from the accused’s phone were
admitted as evidence because the mobile device was seized and authenticated
through forensic examination.
What Does the New Bharatiya Sakshya Adhiniyam, 2023 Say?
The Bharatiya Sakshya Adhiniyam, 2023
(BSA) which replaces the Indian Evidence Act retains and strengthens
the role of digital evidence.
Section 63 of the BSA, 2023
Recognizes electronic records as documentary evidence and allows them to be
admitted in court only if they meet authenticity standards.
Section 63(4)
When electronic records are produced as secondary evidence, they must be
accompanied by a certificate stating:
- The manner of data production
- Device specifications
- That the output was taken from a device used regularly
How to Use WhatsApp Evidence Properly
Here are quick tips if you ever need to
submit chat records:
1. Preserve the phone/device with the original chats
2. Take backups and get a 65B certificate from a tech expert or service
provider
3. Avoid altering or deleting any part of the conversation
4. If possible, involve a cyber forensic expert
5. Don’t rely only on screenshots
Conclusion: Chat With Caution
WhatsApp chats aren’t just digital
conversations anymore—they can become crucial pieces of evidence in a court of
law. In an age where smartphones store our thoughts, discussions, and even
agreements, courts are increasingly looking at these records during legal
proceedings.
However, just because something is stored
digitally doesn’t automatically make it legally admissible. Indian courts have
repeatedly emphasized that electronic records must adhere to procedural
safeguards, especially the requirement under Section 65B of the Indian Evidence
Act. This ensures the authenticity and integrity of the material presented
before the court.
Moreover, with the introduction of the
Bharatiya Sakshya Adhiniyam, 2023, digital evidence is now receiving even more
structured legal recognition. But the focus remains the same: evidence must be
reliable, verifiable, and certified—a mere screenshot won’t cut it.
So, whether you're sending messages
casually or discussing something serious, remember that your chats could
potentially stand before a judge one day. It's essential to chat with clarity,
keep records responsibly, and understand the legal terrain surrounding your
digital footprint.
“In the age of digital truth, even your
messages need certification.”
Sources & Legal Citations
1. Indian Evidence Act, 1872 – https://www.indiacode.nic.in/
2. Dell International India Pvt Ltd v.
Adeel Feroze and Ors. - https://indiankanoon.org/doc/54911528/
3. Anvar P.V. v. P.K. Basheer & Others
- https://indiankanoon.org/doc/187283766/
4. Shafhi Mohammad v. State of Himachal
Pradesh - https://indiankanoon.org/doc/71699420/
5. Arjun Panditrao Khotkar v. Kailash Kushanrao
Gorantyal, (2020) - https://indiankanoon.org/doc/172105947/
6. SBI Cards and Payments Services Pvt.
Ltd. v. Rohidas Jadhav - https://indiankanoon.org/doc/12966710/
7. Mahavir Singh v. State of MP, 2021 - https://indiankanoon.org/doc/54455737/
8. Bharatiya Sakshya Adhiniyam, 2023 – https://prsindia.org/billtrack/the-bharatiya-sakshya-bill-2023
9. Drishti IAS article on WhatsApp
Conversation as Evidence- https://www.drishtijudiciary.com/current-affairs/whatsapp-conversations-as-evidence
Also read about: Is It Legal to Carry Pepper Spray in India?
-Written by Kumari Palak Singh
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