WHATSAPP CHATS AS EVIDENCE: RELIABILITY AND RISKS

INTRODUCTION:

In a world driven by instant communication, WhatsApp has become an emerging tool for connecting people worldwide. It plays a significant role in personal and professional lives. With the emergence of this technology, courts have begun relying on such chats as evidence in disputes, such as in the case of State of  Punjab v. Amritsar Beverages Ltd.[1]. However, it carries a significant disadvantage as it can be deleted, manipulated, and, especially, impersonation raises a serious concern, as held in Anvar P.V. v. P.K. Basheer.[2]. The primary factor to determine the admissibility of WhatsApp chats as evidence is their relevance and authenticity. The evidence should be directly related to the issue, and secondly, its authenticity needs to be established.[3] Thus, this blog will examine whether the WhatsApp chats are a source of reliable evidence and what their possible legal risks are.

LEGAL FRAMEWORK GOVERNING:

WhatsApp chats as evidence are primarily governed under the Indian Evidence Act, 1872 (now BSA), and the Information Technology Act, 2000.

 Section 65B of the Indian Evidence Act[4] ( now Section 63 of the BSA[5]) is the foundation that admits electronic records in courts. It encompasses that an electronic record can only be admissible if it is accompanied by a certificate outlining the manner of production, device specifications, and a declaration confirming the authenticity. Here, the Supreme Court in Anvar P.V. v. P.K. Basheer² clarified that electronic records are documents in themselves, and the original electronic record contained in the device constitutes primary evidence. Copies of such electronic records, including screenshots, printouts, or forwarded WhatsApp messages, amount to secondary electronic evidence and are admissible only upon strict compliance with Section 65B of the Indian Evidence Act, 1872. The Court further cautioned that secondary electronic evidence is susceptible to manipulation, deletion, and impersonation, thereby necessitating stricter scrutiny to establish authenticity. [6] Whereas the IT Act plays a significant role in the legal treatment of digital communication. Sections 4 and 5 of the IT Act,2000 confers legal recognition on electronic records and electronic signatures. Section 7 mandates the proper retention of electronic records, while Section 67C imposes a duty upon intermediaries to preserve electronic data for investigative and adjudicatory purposes[7].

Both these acts form the foundation of the legal admissibility of WhatsApp chats as a form of evidence under certain rules and conditions.

JUDICIAL APPROACH:

There are various legal precedents regarding the admissibility of electronic evidence-

• Anvar P.V.   P.K. Basheer & Ors. (2014)
• The Hon’ble Court here invoked the rule of interpretation ‘generalia specialibus non derogant’. In this case, it was held that Section 65 B of the IEA 1872⁴ is a complete code and a special law; thus, the general law under Sections 63 and 65 must yield. The Supreme Court clarified the mode of proof of electronic evidence, and this principle directly governs the admissibility of WhatsApp Chats. The Court held that the electronic record contained in the original device, such as the mobile phone on which WhatsApp messages are stored, constitutes primary electronic evidence
• Shafi Mohammed v. State of Himachal Pradesh (2018)

• This case dealt with the idea of when electronic evidence is produced by a party who is not in possession of the device. It raised the question of whether the party is required to produce the Section 65 B certificate even when the party doesn’t have the device. The court held that the requirement of a certificate is procedural and may be relaxed in the interest of justice when relevant evidence would be denied because of strict compliance. But this case was later overruled in Arjun Panditrao v. Kailash Kushanrao (2020)[8], which held that the Section 65B Certificate is mandatory, but courts may assist in securing it.[9]
• Rakesh Kumar Singla v. Union of India (2021)

• The Punjab and Haryana High Court cited the judgment of Arjun Panditrao v. Kailash Kushanrao (2020.[10]In this case and held that a Section 65 B certificate is mandatory whenever the party wishes to produce WhatsApp messages as electronic evidence. Thus, this case proved that WhatsApp messages are reliable only after due compliance with a Section 65 B certificate.
• M/S Karuna Abhushan Pvt. Ltd v. Shri Achal Kedia (2020)[11]

• The Delhi High Court in this case held the validity of WhatsApp messages as legal evidence. The court also held that the blue tick over messaging is a valid proof that the recipient has read the message.

RELIABILITY CONCERNS AND RISK OF MISUSE:

While the law allows WhatsApp chats as lawful evidence, it poses a risk of misuse:

• Digital data is very vulnerable; it can be altered or manipulated as held in Anvar P.V. v. P.K. Basheer² by the Supreme Court that electronic evidences inclusive of whatsApp Chats are suspectible to deletion, manipulation, or fabrication, thereby calling for strict compliance with statutory safeguards. All these can be done via basic tools, which means altering chats might become accessible, and distinguishing between the real and fake ones becomes difficult. This would lead to an unfair trial and injustice to the victim.
• The end-to-end encryption employed by messaging platforms like WhatsApp poses challenges. Under Section 67C of the IT Act,2000,[12] Intermediaries are required to preserve and retain information, whereas the encrypted nature of communication limits third-party verification of content.
• Further in Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal⁸The Supreme Court acknowledged that secondary forms of electronic evidences like screenshots or printouts, lack complete metadata and forensic markers, making it difficult to establish authorship, integrity, and absence of tampering.
• Whenever electronic data is procured through unlawful means, whether it be hacking or unauthorised access, its evidentiary value automatically weakens, as held in M. Malkani v. State of Maharashtra[13], where the court raised concerns over the admissibility of evidence obtained through unauthorised access.

CONCLUSION:

Digital evidence is constantly evolving due to the rapid development of technology in today’s world. WhatsApp chats are a type of fragile evidence that is definitely legally admissible but requires authenticity and authorship. Additionally, this blog emphasised the significance of the Section 65B certificate under the IEA, 1872. Courts must balance technological advancement, privacy rights, and evidentiary integrity. And they may consider adopting a corroborative approach in order to tackle any future misuse of electronic evidence.

Author(s) Name: Sumaila Shamshad (Brainware University, Kolkata)

 References:

[1] State of Punjab v Amritsar Beverages Ltd (2006) 7 SCC 607

[2] Anvar P.V. v. P.K.Basheer(2014) 10 SCC 473

[3] Xperts Legal, “Admissibility of WhatsApp chats and Emails in Court” (XpertsLegal.com, 19 December 2025) <https://xpertslegal.com/blog/admissibility-of-whatsapp-chats-and-emails-in-court/> accessed 24 December 2025

[4] Indian Evidence Act 1872, s 65B

[5] Bharatiya Sakshya Adhiniyam 2023, s 63

[6] The Edu Law, “How Indian Courts Treat WhatsApp Chats as Evidence” (TheEduLaw.com, 14 August 2025) <https://theedulaw.com/indian-courts-whatsapp-chats/ >accessed 24 December 2025

[7] Information Technology Act 2000, ss 4,5,7 & 67C

[8] Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal (2020) 7 SCC 1

[9] Shafi Mohammad v State of Himachal Pradesh (2018) 5 SCC 311 (SC)

[10] Rakesh Kumar Singla v Union of India CRM-M No 23220 of 2020 (Punjab and Haryana High Court, 14 January 2021).

[11] M/S Karuna Abhushan Pvt Ltd v Achal Kedia (Delhi High Court, 2020).

[12] Information Technology Act 2000, s 67C

[13] R.M. Malkani v. State of Maharashtra (1973) 1 SCC 471 (SC)