• Whatsapp chat as evidence

My mobile has been tampered with. My wife got access to 1 of my phones which wasn't locked & got the OTP for whatsapp. She has orchestrated chats to prove I was cheating on her with someone. Although number is mine but those chat messages are not mine. What will court decide ?
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

1. The whats app chat are not admissible in evidence of the same has been denied by you before the court. Do not worry, the case will not rest merely on the whats app chat, the same has to be corroborated by other evidences.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Wife can rely upon chat messages to prove that you were cheating on her

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

HI,what are the communications and with whom?

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

The validity of same can be challanged as it is tampered before court so will not be admissible

Also file a complaint and FIR with the IT cell stating the fact from there you can get the report on whose phone the said whatsapp was active or associated to.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You need to prove in court that the said mobile was tampered by her. And the said chats are not yours. Only defence of tampering will not suffice.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

If you will prove this before the Court, that this evidence is not genuine and is rather orchestrated and manufactured, the Court will decline to place reliance on this evidence.

Otherwise, the Court may reply upon this and may base its findings on the strength of these chats.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

To prove a chat message is difficult as per presumption under evidence act. Please read this she can't use it as evidence against you

88A. Presumption as to electronic messages.—The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.3[88A. Presumption as to electronic messages.—The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. If you want to say her wife that without your consent she has transferred/ steel data of whatsapp by stealing the password and OTP that is punishable under section 66C & D of Information Technology Act 2000 as ammended in 2009 to a period up to 3 years and fine extent to Rs 1 Lac.

2. the electronic records with the signature are admissible in the court as an evidence under section 39 of The Indian Evidence Act 1972.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Respected sir...

sir there are number of things which will support your case as firstly burden of prof always lies on proscription ...but you have to be strong on your part by collecting such evidence that can support your case ...sir from which mobile the number had been send can easily track by nodle officer by checking the IMEI number ...so it is just a pity thing adultery can not be proved by it ...just focus on rest of case ..court will not consider as this evidence as soul for deciding ....

Thank You

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

1. Any chat over an social media can be led in evidence in accordance with the procedure prescribed under Information Technology Act, 2000.

2. If a chat that took place from your number is produced in the court, and the records a prima facie satisfaction that it indeed took place from your number, the onus will be on you that you were not the author of the alleged messages.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Whasapp massages are admissible in the eyes of Law as per section 65B of Indian Evidence Act-1872, but she has to proved that those chats are from you which is not possible as you mention that it was she who used your No.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Th chat messages are not admissible as primary evidence in court of law hence you dont worry about it because she cannot prove that before court.

Moreover the whatsapp messages are not sufficient to prove adultery in the divorce case

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

- Section 65 (B) of Indian Evidence Act states that ,any electronic act which can be printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be a document.

Further Section 2(i) of the Act defines computer as “any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network”.

This definition also apply with the mobile phones as well.

It means that SMS/WhatsApp message would be admissible under the court of law for the documents are admissible under the Section 65 of Indian Evidence Act, 1872.

But there are certain conditions :

i) the computer that produced it must have been used regularly at the time of production of such electronic documents

(ii) the kind of information contained in the computer must be such that it is regularly and normally supplied to the electronic device

(iii) the computer should be in proper condition and must work properly at time of creation of electronic record

(iv) the duplicate copy must be a reproduction of the original electronic record.

In State of Delhi v. Mohd. Afzal & Others, it was held that electronic records are admissible.

The court said that mere theoretical and general apprehensions cannot make clear evidence inadmissible in court.

Further as per 88A-The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.

So, you should lodge a complaint with the police after narrating the true facts of misusing you mobile by your wife malafidely .

However, no need of worry as only allegation is not enough to proof the case in the court of law .

Mohammed Shahzad
Advocate, Delhi
9895 Answers
121 Consultations

5.0 on 5.0

1) Mobile Whatsup and Face book chat are taken as evidence proof in the court of law now a days, Now you have to prove that the chats are not yours, the burden of proof lays on you.

Electronic Records

According to Section 2(1) (t) of the IT Act, an electronic record is “data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche”.

Section 65B of Indian Evidence Act

It states that irrespective of the sections in the act, any electronic act which can be printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be a document.

Section 2(i) defines computer as “any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network”. This definition also includes the mobile phones as well. It means that SMS/WhatsApp message would be admissible under the court of law for the documents are admissible under the Section 65 of Indian Evidence Act, 1872. However, it has to fulfil four conditions mentioned in the section before it can be deemed as a document. Such conditions are a) the computer that produced it must have been used regularly at the time of production of such electronic documents; (ii) the kind of information contained in the computer must be such that it is regularly and normally supplied to the electronic device; (iii) the computer should be in proper condition and must work properly at time of creation of electronic record; and, (iv) the duplicate copy must be a reproduction of the original electronic record.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

you can prove through the ethical hacker from which handset and when and at what time the chats has be done and how you know the other person with whom the chats has been done you can contact me for further information on

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

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