In today’s time, WhatsApp has
become part of our daily life. We use it for personal chats, business
discussions, sharing documents, making commitments, and sometimes even
arguments. Many people now ask a very practical legal question: Is WhatsApp
chat valid evidence in court?
I am writing this blog like a
normal person explaining the law in simple language, not in complicated legal
terms. If you have ever faced a dispute where WhatsApp messages were involved,
this guide will help you clearly understand the legal position in India.
What Is Evidence in Legal Terms?
Before understanding WhatsApp
chats, we must first understand what evidence means.
Evidence is any material or
information presented before a court to prove or disprove a fact. Evidence can
be:
* Oral (spoken statements)
* Documentary (written or printed
records)
* Electronic or digital (mobile
data, emails, CCTV footage, chats, etc.)
WhatsApp chats fall under electronic
evidence.
Are WhatsApp Chats Considered Electronic Evidence?
Yes. WhatsApp chats are treated
as electronic records under Indian law.
According to the Information
Technology Act and the Indian Evidence Act, data stored in electronic form such
as:
* Mobile phones
* Computers
* Emails
* Social media chats
can be used as evidence, but
only if legal conditions are fulfilled.
This means WhatsApp chats are not
automatically valid. Their admissibility depends on how they are presented
in court.
Legal Provision Governing WhatsApp Chat Evidence
The most important legal
provision is:
Section 65B of the Indian Evidence Act
This section deals with the admissibility
of electronic evidence.
In simple words:
* Any electronic record
(including WhatsApp chats) must be accompanied by a 65B Certificate
* Without this certificate,
electronic evidence is usually not admissible
What Is a 65B Certificate?
A 65B Certificate is a written
declaration that confirms:
* The electronic record is
genuine
* The device was working properly
* The data was not altered or
tampered with
* The printout or copy is taken
from the original source
Who Can Issue a 65B Certificate?
The person who:
* Owns the device, or
* Has lawful control over the
device
For example, if WhatsApp chats
are from your own phone, you can issue the certificate.
Are Screenshots of WhatsApp Chats Valid?
This is a very common question.
The simple answer:
❌ Screenshots alone are not
sufficient
Screenshots can be:
* Edited
* Cropped
* Manipulated
Courts are cautious because
screenshots are easy to fabricate. Therefore:
* Screenshots must be supported
by a 65B Certificate
* Original device may be examined
if required
Is WhatsApp Chat Considered Primary or Secondary Evidence?
WhatsApp chats are usually
treated as secondary evidence because:
* The original data exists in
electronic form
* What is produced in court is
often a printout or copy
That is why compliance with
Section 65B is compulsory.
In Which Types of Cases WhatsApp Chats Are Commonly Used?
WhatsApp chats are frequently
produced in the following cases:
* Divorce and maintenance cases
* Business and contract disputes
Landmark Judgments on WhatsApp Chat Evidence
Now let us come to the most
important part – landmark judgments that clarify the law.
1. Anvar P.V. vs P.K. Basheer (2014)
This is the most important
judgment on electronic evidence.
Court: Supreme Court of
India
Key ruling:
* Electronic evidence is
admissible only if accompanied by a 65B Certificate
* Oral evidence cannot replace
the certificate
* Without 65B compliance,
electronic evidence is not valid
Impact:
This judgment made Section 65B
mandatory.
2. Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal (2020)
This judgment clarified confusion
created after earlier cases.
Key ruling:
* 65B Certificate is compulsory
* Certificate can be produced at
a later stage, not necessarily with the initial filing
* If the device is with the
opposite party, the court can direct production
Impact:
This judgment strengthened the
evidentiary value of WhatsApp chats when procedure is followed.
3. Ambalal Sarabhai Enterprise Ltd. vs KS Infraspace LLP (2020)
Key observation:
* WhatsApp messages can be used
to prove commercial communications
* Courts accepted WhatsApp chats
to determine contractual intent
Impact:
Business and contract disputes
now rely heavily on WhatsApp conversations.
Can Deleted WhatsApp Chats Be Used as Evidence?
Yes, but with limitations.
Deleted chats:
* May be recovered through
forensic analysis
* Must be extracted by authorized
experts
* Must follow proper chain of
custody
* Still require 65B certification
Courts are stricter in such
cases.
Are Voice Notes, Images, and Videos on WhatsApp Valid?
Yes, they are also electronic
evidence.
But:
* Authenticity must be proven
* Editing or manipulation must be
ruled out
* Proper certification is
required
Common Mistakes People Make
Many people assume:
* Screenshot = proof ❌
* Forwarded message = evidence ❌
* Deleted chat = no problem ❌
In reality:
* Procedure matters more than
content
* Technical compliance decides
admissibility
Practical Tips If You Want to Use WhatsApp Chats in Court
* Preserve the original device
* Do not edit or crop chats
* Take full conversation, not
selective messages
* Prepare a proper 65B
Certificate
* Consult a legal professional
for formatting
* Keep backups securely
Conclusion
So, is WhatsApp chat valid
evidence in court?
✅ Yes, WhatsApp chats are
legally valid evidence in India
❌ Only if legal requirements
under Section 65B of the Indian Evidence Act are fulfilled
Courts today recognize digital
communication as part of modern life, but they also demand authenticity and
procedural compliance. WhatsApp chats can support your case strongly, but they
must be presented carefully and legally.
Understanding this can save you
from serious legal mistakes and strengthen your case.
🔔 Legal Update Note
Please note that Section 65B of the Indian Evidence Act, 1872 has been replaced after the
enactment of the Bharatiya Sakshya Adhiniyam, 2023, which came into force from 1 July 2024.
Under the new law, Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 now governs the admissibility
of electronic evidence, including WhatsApp chats. The requirement of submitting
a proper certificate for electronic records continues to remain mandatory.
Frequently Asked Questions (FAQs)
1. Are WhatsApp chats legally valid as evidence in India?
Yes, WhatsApp chats are legally
valid as electronic evidence in India, but only if they are presented according
to the legal procedure under the Indian Evidence Act, especially Section 65B.
2. Is a screenshot of WhatsApp chat sufficient proof in court?
No, a screenshot alone is not
sufficient. Screenshots must be supported by a proper Section 65B Certificate
to be admissible as evidence.
3. What is Section 65B Certificate and why is it required?
Section 65B Certificate is a
legal document that certifies the authenticity of electronic records. It is
required to prove that WhatsApp chats are genuine and not tampered with.
4. Who can issue a Section 65B Certificate for WhatsApp chats?
The person who owns or controls
the mobile phone or device from which the WhatsApp chats are produced can issue
the 65B Certificate.
5. Can WhatsApp chats be used in divorce or family cases?
Yes, WhatsApp chats are commonly
used in divorce, maintenance, domestic violence, and child custody cases,
provided legal requirements are followed.
6. Are deleted WhatsApp messages admissible in court?
Deleted WhatsApp messages may be
admissible if they are recovered through forensic methods and properly
certified under Section 65B.
7. Can WhatsApp voice notes, images, or videos be used as evidence?
Yes, WhatsApp voice notes,
images, and videos are also considered electronic evidence, but their
authenticity and source must be clearly proved.
8. Can WhatsApp chats alone decide a court case?
Generally, no. Courts usually
treat WhatsApp chats as supporting evidence and prefer additional corroborative
evidence before deciding a case.
9. Is forwarding a WhatsApp message considered valid evidence?
Forwarded messages have weak
evidentiary value unless the original sender, source, and device are clearly
identified and verified.
10. Do courts accept WhatsApp chats without the original mobile phone?
In most cases, courts prefer the
original device. However, if the device is unavailable for valid reasons,
certified copies may be considered at the court’s discretion.
11. Can WhatsApp chats be challenged in court?
Yes, the opposite party can
challenge WhatsApp chats on grounds such as manipulation, editing, lack of
certificate, or incomplete conversation.
12. What precautions should be taken before submitting WhatsApp chats as evidence?
You should preserve the original
device, avoid editing chats, keep full conversations, obtain a proper 65B
Certificate, and seek legal advice before submission.
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