The SMS text messages, WhatsApp messages, Mobile phone call recordings, call details, etc., are definitely important pieces of evidence. This is electronic evidence which can be proved either by submitting the original or by proving it as “electronic record” under the provisions of Section 65-B of the Evidence Act.
However, without seeing the actual evidence and without knowing the exact nature of the complaint (or offences alleged), it is not possible for anyone to confirm whether such evidence would be sufficient to prove the case. It depends on the facts and circumstances of each individual case. But, as I pointed out above, the above evidence can definitely be used by you. In addition, you have your own oral evidence also. You may perhaps professionally consult some lawyer by showing him the details of such evidence. Or, you can take a chance and file the complaint with police since you have no other option and in any case, the police will collect more evidence during investigation, such as obtaining records from the telecom operators. In fact, it is the duty of the police to collect whatever evidence is available, during investigation. If you are required to file a private complaint in the court, then of course the evidence will have to be provided by you to prove your case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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