WhatsApp has become one of the most popular messaging apps with over 2 billion users worldwide. Given its widespread use, WhatsApp messages are increasingly being submitted as evidence in legal proceedings. However, there are several issues regarding the admissibility and authenticity of WhatsApp messages that need to be considered.
Can WhatsApp chats be submitted as evidence in court?
Yes, WhatsApp chats can be submitted as evidence in court proceedings. However, the admissibility is subject to statutory requirements under the Indian Evidence Act, 1872. Section 65B of the Act states that electronic records need to be certified by a third party to be considered as evidence. This means WhatsApp chats submitted in court need to be verified and certified by a forensic expert.
In 2014, the Supreme Court ruled in Anvar P.V. v. P.K. Basheer that electronic evidence without a certificate as per Section 65B is inadmissible as evidence in court. However, in 2018, the Supreme Court clarified that if the original document is produced in court, the certificate under Section 65B is not required. For example, if the actual device containing the WhatsApp messages is submitted, the chats can be admitted as evidence.
Besides Section 65B requirements, WhatsApp chats submitted as evidence also need to satisfy other conditions under the Indian Evidence Act such as relevancy, authenticity, and no hearsay. The judge has discretion to determine if the WhatsApp evidence meets all criteria for admissibility.
What are the requirements for submitting WhatsApp chats as evidence?
Here are the key requirements for submitting WhatsApp chats as evidence in court:
- The person submitting the WhatsApp chat as evidence must have access to the messages through legal means
- The messages must be relevant to the case
- The messages must be authentic and not tampered or modified
- If printed documents are submitted, they must be certified as true copies as per Section 65B
- The messages must not be in the nature of hearsay evidence
- The evidence must satisfy rules under the Evidence Act such as relevancy, authenticity etc.
How can the authenticity of WhatsApp chats be established?
Establishing authenticity is crucial for WhatsApp messages to be accepted as evidence in court. Here are some ways authenticity of chats can be proved:
- Digital signature: Sec 65B certificate contains hash value and digital signature of the certifying person. This establishes authenticity of messages.
- Forensic analysis: Experts can analyze WhatsApp chats through forensic methods to establish authenticity.
- Screenshots: If device containing chats is not available, screenshots can be submitted along with 65B certificate.
- Third-party witness: Someone who participated in the WhatsApp conversation can testify to its authenticity.
- Comparison of devices: If multiple devices contain the chats, comparison can reveal tampering.
What are the ways to obtain WhatsApp chats as evidence?
To submit WhatsApp chats as evidence in court, first, they need to be legally obtained through proper channels. Here are some common methods to obtain WhatsApp messages as evidence:
- Consented access: A person may voluntarily share WhatsApp chats relevant to a case.
- Discovery request: Parties may request the court to direct the production of specific WhatsApp chats.
- Search warrant: Police can seize a device containing WhatsApp chats by obtaining a search warrant.
- Forensic analysis: Experts can retrieve deleted WhatsApp messages through forensic methods if device is obtained legally.
- Third-party records: WhatsApp chats can be obtained from third-party services like iCloud backup.
Any illegal interception or hacking of WhatsApp chats amounts to a violation of privacy. Such evidence will most likely be held inadmissible by the court during trial.
What are the arguments against submitting WhatsApp chats as evidence?
Despite being a common source of electronic evidence, there are certain arguments made against submitting WhatsApp messages in court cases:
- Lack of verifiability – Unlike emails, WhatsApp has end-to-end encryption so messages cannot be verified.
- Prone to tampering – Ease of editing WhatsApp chats makes authenticity questionable.
- Unreliable source – Using WhatsApp messages from unknown sources can be risky.
- Hearsay – Forwarding messages from one person to another could amount to hearsay evidence.
- Violation of privacy – Illegal hacking of WhatsApp chats violates privacy.
- Prejudicial impact – WhatsApp chats may negatively influence the judge/jury if presented out of context.
However, despite these limitations, WhatsApp chats continue to be frequently produced as evidence keeping in mind proper statutory requirements and judicial discretion regarding admissibility.
What are some important cases where WhatsApp chats have been submitted as evidence?
Here are some notable Indian court cases where WhatsApp messages have played a key role as evidence:
- Hadley Dmello murder case: WhatsApp chats helped Mumbai police prove the murder conspiracy.
- Aarushi-Hemraj murder case: WhatsApp exchanges between accused were relied upon by Allahabad HC.
- Pollachi sexual abuse scandal: Victim’s WhatsApp chats with accused were important evidence.
- Sheena Bora murder case: References to Sheena in accused’s chats proved crucial.
- Ayodhya dispute case: WhatsApp messages linked to accused showed conspiracy to frame CJI Gogoi.
There are many other instances where WhatsApp chats have served as credible supporting evidence in crimes like fraud, defamation, corporate espionage, kidnapping etc. However, in each case, proper statutory requirements must be fulfilled for admissibility.
Conclusion
WhatsApp chats are increasingly being produced as electronic evidence in court proceedings. However, certain prerequisite conditions under the Indian Evidence Act need to be met for them to be admissible as evidence. Key aspects like relevance, authenticity, certification etc. need to be ensured by the party submitting WhatsApp messages as evidence. While they can serve as useful evidence if properly authenticated, WhatsApp chats also come with limitations like potential tampering and privacy concerns. Courts have allowed WhatsApp messages as evidence in many cases while also exercising caution about their reliability. Using legally obtained WhatsApp chats corroborated through other evidence can certainly bolster a case provided all admissibility requirements are satisfied.
Here is the article in a table structure:
| Section | Content |
|---|---|
| Title | Can WhatsApp messages be shown in the court? |
| Introduction |
WhatsApp has become one of the most popular messaging apps with over 2 billion users worldwide. Given its widespread use, WhatsApp messages are increasingly being submitted as evidence in legal proceedings. However, there are several issues regarding the admissibility and authenticity of WhatsApp messages that need to be considered. |
| Can WhatsApp chats be submitted as evidence in court? |
Yes, WhatsApp chats can be submitted as evidence in court proceedings. However, the admissibility is subject to statutory requirements under the Indian Evidence Act, 1872. Section 65B of the Act states that electronic records need to be certified by a third party to be considered as evidence. This means WhatsApp chats submitted in court need to be verified and certified by a forensic expert. In 2014, the Supreme Court ruled in Anvar P.V. v. P.K. Basheer that electronic evidence without a certificate as per Section 65B is inadmissible as evidence in court. However, in 2018, the Supreme Court clarified that if the original document is produced in court, the certificate under Section 65B is not required. For example, if the actual device containing the WhatsApp messages is submitted, the chats can be admitted as evidence. Besides Section 65B requirements, WhatsApp chats submitted as evidence also need to satisfy other conditions under the Indian Evidence Act such as relevancy, authenticity, and no hearsay. The judge has discretion to determine if the WhatsApp evidence meets all criteria for admissibility. |
| What are the requirements for submitting WhatsApp chats as evidence? |
|
| How can the authenticity of WhatsApp chats be established? |
|
| What are the ways to obtain WhatsApp chats as evidence? |
Any illegal interception or hacking of WhatsApp chats amounts to a violation of privacy. Such evidence will most likely be held inadmissible by the court during trial. |
| What are the arguments against submitting WhatsApp chats as evidence? |
However, despite these limitations, WhatsApp chats continue to be frequently produced as evidence keeping in mind proper statutory requirements and judicial discretion regarding admissibility. |
| What are some important cases where WhatsApp chats have been submitted as evidence? |
There are many other instances where WhatsApp chats have served as credible supporting evidence in crimes like fraud, defamation, corporate espionage, kidnapping etc. However, in each case, proper statutory requirements must be fulfilled for admissibility. |
| Conclusion |
WhatsApp chats are increasingly being produced as electronic evidence in court proceedings. However, certain prerequisite conditions under the Indian Evidence Act need to be met for them to be admissible as evidence. Key aspects like relevance, authenticity, certification etc. need to be ensured by the party submitting WhatsApp messages as evidence. While they can serve as useful evidence if properly authenticated, WhatsApp chats also come with limitations like potential tampering and privacy concerns. Courts have allowed WhatsApp messages as evidence in many cases while also exercising caution about their reliability. Using legally obtained WhatsApp chats corroborated through other evidence can certainly bolster a case provided all admissibility requirements are satisfied. |