Electronic Evidence and WhatsApp Chats: Legal Admissibility in India under the Bharatiya Sakshya Adhiniyam, 2023
By Advocate Avichal Pandey, Allahabad High Court
In the digital age, a substantial portion of human communication occurs through electronic platforms such as WhatsApp, emails, social media applications, video calls, and digital documents. As disputes increasingly involve electronic communications, Indian courts are frequently called upon to determine the admissibility and evidentiary value of such digital records.
The enactment of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) has modernized the law of evidence in India and introduced a renewed framework for the admissibility of electronic records. Among the most frequently relied upon electronic records are WhatsApp chats, screenshots, voice notes, photographs, emails, and digital documents. However, merely producing a screenshot before a court is not sufficient. The law prescribes specific requirements that must be fulfilled before such material can be read into evidence.
Evolution of Electronic Evidence Law in India
The recognition of electronic records as evidence began with the Information Technology Act, 2000, which amended the Indian Evidence Act, 1872 and introduced provisions governing electronic records.
Under the erstwhile Evidence Act, Section 65B regulated the admissibility of electronic evidence. Following the introduction of the Bharatiya Sakshya Adhiniyam, 2023, the corresponding provisions are now contained in Sections 61, 62, and 63 of the BSA. These provisions place electronic records on par with documentary evidence while prescribing safeguards to ensure authenticity and reliability.
What Constitutes Electronic Evidence?
Electronic evidence may include:-
●WhatsApp conversations and screenshots
●Emails and attachments
●Audio and video recordings
●CCTV footage
●Call recordings
●SMS messages
●Social media posts
●Digital photographs
●Computer-generated records
●Cloud-stored documents
Such evidence often plays a decisive role in criminal trials, matrimonial disputes, service matters, commercial litigation, cybercrime investigations, and constitutional proceedings.
The Mandatory Requirement of Section 63(4) Certificate
The most significant requirement under the Bharatiya Sakshya Adhiniyam is the certificate contemplated by Section 63(4).
Where an electronic record is produced in the form of a printout, screenshot, copied file, pen drive, CD, or any other secondary electronic form, a certificate identifying the record, describing the manner of its production, and certifying the functioning of the device must ordinarily accompany the electronic evidence.
The purpose of the certificate is to assure the court that the electronic record has not been tampered with and accurately reflects the original data.
In practical terms, a WhatsApp screenshot, by itself, may not be sufficient unless supported by the statutory certificate. Courts have repeatedly emphasized that authenticity is the cornerstone of admissibility in digital evidence.
Admissibility of WhatsApp Chats
WhatsApp chats have become one of the most commonly relied upon forms of electronic evidence in modern litigation.
Indian courts generally recognize WhatsApp conversations as admissible evidence provided that:-
1. The identity of the sender and recipient is established.
2. The conversation is relevant to the dispute.
3. The electronic record is properly proved.
4. A valid Section 63(4) certificate accompanies the record where required.
5. The integrity and authenticity of the communication are demonstrated.
Therefore, while WhatsApp messages can undoubtedly be used in court, their evidentiary value depends upon compliance with statutory requirements and proof of genuineness.
Landmark Judicial Pronouncements
1. Anvar P.V. v. P.K. Basheer (2014)
The Supreme Court held that electronic records must comply with the statutory certification requirements before being admitted as evidence. This judgment fundamentally transformed the law relating to electronic evidence.
2. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)
A three-judge Bench of the Supreme Court reaffirmed that the certificate requirement is generally mandatory for secondary electronic evidence. The judgment remains one of the leading authorities governing admissibility of electronic records and continues to influence interpretation under the BSA.
3. Dell International Services India Pvt. Ltd. v. Adeel Feroze (Delhi High Court, 2024)
The Delhi High Court reiterated that WhatsApp chats and screenshots cannot be admitted merely by producing printouts. Compliance with the certification requirement remains essential for admissibility.
4. Vibhor Garg v. Neha (2025)
The Supreme Court recognized that secretly recorded conversations between spouses may be admissible in matrimonial disputes where they are relevant and legally obtained. The decision reflects the increasing judicial acceptance of electronic evidence in family litigation.
Practical Guidelines for Litigants and Lawyers
To ensure that WhatsApp chats and other electronic records are accepted by courts:-
●Preserve the original device.
●Export complete chat histories rather than selective screenshots.
●Maintain metadata and timestamps.
●Avoid editing or altering electronic records.
●Obtain and file a proper Section 63(4) certificate.
●Retain backup copies of the original data.
●Ensure continuity and chain of custody of electronic material.
Challenges in Electronic Evidence
Despite statutory recognition, electronic evidence presents several challenges:-
●Manipulation of screenshots and digital records.
●Difficulty in proving authorship.
●Data deletion and recovery issues.
●Encryption and privacy concerns.
●Cross-border storage of data.
●Authentication of social media communications.
Courts therefore scrutinize electronic records with caution while balancing technological realities with principles of fairness and justice.
Conclusion
Electronic evidence has become indispensable in contemporary litigation. WhatsApp chats, emails, digital recordings, and electronic documents often provide crucial insight into disputed facts. However, the admissibility of such evidence depends not merely on its existence but on compliance with the legal framework established under the Bharatiya Sakshya Adhiniyam, 2023.
The requirement of a Section 63(4) certificate, coupled with judicial safeguards developed through landmark decisions such as Anvar P.V., Arjun Panditrao Khotkar, and Dell International, underscores the importance of authenticity and reliability in digital evidence. Lawyers and litigants must therefore ensure strict adherence to statutory requirements while presenting electronic records before courts.
As technology continues to evolve, electronic evidence will increasingly shape the future of litigation in India, making an understanding of its admissibility essential for every legal practitioner and litigant.
Author: Avichal Pandey
Advocate
Allahabad High Court
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