Whether WhatsApp chatting is admissible as evidence in court?

[Anonymous]

Sir, I want to know whether WhatsApp chatting can be admissible in a court of law? If yes, how this chatting should be produced before the court?

[Dr. Ashok Dhamija]

Yes, WhatsApp chatting is admissible in the court of law. It is an electronic record or an electronic document.
To prove WhatsApp chatting, you can produce the original mobile phone on which such chatting actually took place. This is the primary evidence of the chatting.
Else, you can prove WhatsApp chatting by producing it printouts or copy on a USB drive or a CD / DVD, etc., by following the procedure laid down in Section 65-B of the Evidence Act which also requires a certificate to be given along with satisfying other conditions mentioned in that section.
Also see: Evidence of printout of screenshot of WhatsApp messages.
     

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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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