• How to prove whatsapp chat in court. What's the process to use as defence evidence.

Case U/s 376 IPC

Accused nd victim both are BF/GF.
FIR was lodged after 8 month of sexual Intercourse.
She made physical relationship with her consent. 
She admitted in her cross examination that she used to chat with accused on whatsapp.
The whole whatsapp chat is saved in mobile of accused. By this chat it is crystal clear that she is consenting party and she made physical relationship with her consent.
Case is now on Defence Evidence.
Now please help me out how can we use this as defence evidence. 
Please tell me about proper process to attach these chat on case file as DW.
Accused is very innocent
Asked 4 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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12 Answers

Move an application under 315 C.R. P. C 

And accused himself will appear before court for defence evidence. 

Take print out of all chats and produce mobile phone alongwith that a certificate under section 65B Evidence Act submit before court. 

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

File application in court to take on record those mails. Trial Court Can Summon Or Rely Upon Documents Not Part Of Charge Sheet. Application will file under Code of Criminal procedure. Instead on the basis of those chats, you should have filed quash petition in High Court.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Hi

Get the chat messages in writing or typed form and put that document as exhibits.....

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1) you must prepare transcripts of chat

 

2) certificate u/s 65B of the evidence act  becomes essential. has to be filed by you 

 

 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Dear Sir,

In India, the message would be treated as an "electronic record" and admissible in courts as a conventional document would be, as per Section 65(B) of Indian Evidence Act provided: 

  • The message is not hearsay; it was received by you.
  • The phone has not been tampered with and has been in regular use.
  • The message was sent by the person alleged to have sent it.
  • The sender intended to send it.

As stated by others, the message would be subject to the same tests as documents otherwise admissible are subjected to.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

- In WhatsAp there is option to export chat.

- Same can be submitted to court U/s 29 A of IPC.

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

The whole chat shoukd be presented to the court under s.65B of the evidence act. Electronic evidence is admissible and hence it will save you.

Regards 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You can prove the same through 65B certificate under evidence Act

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

WhatsApp chat is not admissible as a primary evidence incase but it can be admitted as document under section 65 of Indian Evidence Act 1872  as secondary evidence

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

 it can be used as an evidence as per section 65B of the Evidence Act of 1872, but the acceptance of those evidence depends totally upon the discretion of the Court how ever those evidences will be taken into consideration if it fulfill certain conditions.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client,

As per facts, accused can produce WhatsApp chats (Massages) before the court under Section 65 of the Indian Evidence Act, is a special provision concerning proof of electronic records. It is primary evidence. 

 

You can me call through KAANOON for more detail and advice.

Mukesh Kumar
Advocate, Jaipur
92 Answers

4.9 on 5.0

The information extracted from her during cross examination stating that the sexual relationship was consensual would be more than sufficient since she has herself admitted this hence there is no question of rape in ti=his and the charges under section 376 is not maintainable.

What is that you are going to state in the defence witness, you may be repeating the same thing which was told by her during her evidence.

If you have any other additional evidence then you can pass on the instructions to your advocate who will be able to present the same before court during defence evidence.

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

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