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Whats App Chats as an Evidence ......in the court


Does your WhatsApp can be used as an Evidence?

A Sweet and simple answer would be yes.

But it is really effective, will it be admissible in the court?

Is a WhatsApp conversation accepted by Indian court as an Evidence?

WhatsApp Evidences are called Documentary Evidence and electronic evidences under section 3 of Indian Evidence Act 1872.

An Evidence means all statement, which the court permits or to be made before the court as witnesses in the relation with the matter(Case).

After the introduction of IT(Information Technology)Act 2000 the scope of evidences were expanded to include electronic records.



WhatsApp or data of any social media is an electronic record.

By the Virtue of decision on the matter,

In State v/s Navjot Sandhu the Supreme Court held that electronic records are prima facie evidence without validation of Section 65B(4) of Evidence Act but just after few years of delivering the judgment the court  in Anvar P.V. v/s P.K. Basheer the court decided that the secondary evidence cannot be summit-ed in the court without a certificate from sec 65 B (4).

Does the conversation on of social media is a primary or secondary evidence?

If we simply lay it down then the nature of the evidence depends on the fact of the case, if the WhatsApp chat is main center or focal point in the case then it is a primary evidence but if not then the conversation is a secondary evidence.

What is the importance of Blue tick?

If the case is about delivering or receiving any information the then importance of blue tick in the WhatsApp chat box increases, In SBI Cards and Instalment Administration pvt. Ltd.v. Rohit Jadhav, the Bombay High Court held that “after sending the message sending a message through WhatsApp, if A Blue Tick Appears, then the information will be considered as viewed.” It implies that even if the person has not read the message but the blue tick appears then it will be considered as read.

 

 

  

  

  

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