This blog explains the legal position under the Indian Evidence Act, and the updated framework under the Bharatiya Sakshya Adhiniyam (BSA), 2023.1. Legal Basis: WhatsApp Chats as Electronic EvidenceWhatsApp messages fall under the category of electronic records. In India, electronic records are admissible provided they comply with the requirements of Section 65B of the Indian Evidence Act, 1872 (now BSA Section 63 under the new law).
✔ WhatsApp messages are admissible
✘ Screenshots alone are not enough
Courts have repeatedly held that screenshots can be easily manipulated and therefore require authentication
2. Section 65B Certificate — The Backbone of Admissibility
A Section 65B Certificate is mandatory when presenting secondary electronic evidence such as:
• Chat screenshots
• PDF exports of chats
• Printouts
• Photographs of mobile screens
This certificate certifies:
• How the electronic record was produced
• Details of the device
• Confirmation that the data has not been tampered with
• Relevant technical particulars
Without this certification, courts often reject WhatsApp chats.
3. Primary vs. Secondary Electronic Evidence
Primary Electronic Evidence
• The original device (mobile phone) containing the WhatsApp chats
• Forensic extractions (hash value certified)
Courts give the highest evidentiary value to primary evidence.
Secondary Electronic Evidence
• Screenshots
• PDFs
• Printouts
Admissible only when supported by a valid 65B certificate.
4. Key Judgments on WhatsApp Chats (Extract)
Indian courts have clarified several principles over time:
1. Screenshots without 65B certificate cannot be relied upon
Courts have rejected WhatsApp chats submitted without proper certification.
2. Forensic integrity is crucial
Judges often consider the possibility of chat manipulation or deletion, especially in criminal cases.
3. WhatsApp chats can prove conduct
In matrimonial disputes, chats are commonly used to show harassment, threats, or ill-treatment.
4. Messages cannot automatically implicate co-accused
Even incriminating messages must be supported by independent evidence.
5. WhatsApp Messages in Criminal Cases
WhatsApp chats play an increasing role in cases under:
• IPC offences
• Cybercrimes
• NDPS Act
• Financial and cheating cases
• Conspiracy (Section 120B) cases
However, courts are extremely cautious. They check:
• Whether chats are original
• Whether messages have timestamps
• Whether they can be linked to accused persons
• Device ownership
• Tampering possibilities
Without a 65B certificate, prosecution evidence often collapses.
6. WhatsApp Messages in Matrimonial and Family Law Cases
Chats are frequently used for:
• Proving cruelty
• Establishing desertion
• Demonstrating threats or abusive language
• Countering false allegations
Even in these cases, courts prefer certified chats or original devices. Judges also examine context and authenticity instead of relying solely on isolated messages.
7. WhatsApp Chats in Civil and Commercial Disputes
Businesses rely heavily on WhatsApp for:
• Purchase orders
• Payment confirmations
• Contract discussions
• Delivery instructions
These chats can form valid contractual evidence if properly certified.
Courts increasingly accept WhatsApp messages as proof in commercial disputes when accompanied by Section 65B certification.
8. Under the New Law: Bharatiya Sakshya Adhiniyam (BSA), 2023
With the introduction of the Bharatiya Sakshya Adhiniyam, the admissibility of digital evidence has become even more structured.
Key updates:
• Specific, detailed requirements for electronic evidence certificates
• Greater emphasis on authenticity and chain of custody
• More weightage to primary evidence and forensic extraction
• A stricter approach to digital manipulation and fabricated chats
This ensures reliability in an age where deepfakes, edited screenshots, and altered messages are common.
9. Practical Tips When Relying on WhatsApp Evidence
✔ Preserve the original device
✔ Export chats in full rather than taking selective screenshots
✔ Obtain a valid 65B certificate
✔ Ensure timestamps are visible
✔ Avoid forwarding manipulated or selective content
✔ Consult a legal professional before submitting chats
These steps strengthen the credibility of your digital evidence.
10. Conclusion
WhatsApp chats can be powerful evidence—but only when presented correctly. The law recognises their relevance, but courts demand high standards of authenticity. Whether you are handling criminal matters, family disputes, or commercial litigation, it is essential to comply with Section 65B (or BSA equivalents) to ensure your evidence stands the test of scrutiny.
Accurate digital evidence can significantly influence the outcome of your case, and proper legal guidance is invaluable in such situations.
Need Legal Assistance?
Sanjay Bishnoi & Associates
Adv. Sanjay Bishnoi
District Courts, Sirsa & Fatehabad
