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Admissibility Of Whatsapp Chats As Evidence In Indian Courts




Shristi Agrawal, BML Munjal University

1. INTRODUCTION

Significant developments have been brought about by the beginning of the 21st century. One of them is the development of technology, whereby all business transactions are conducted via electronic means. The legal significance of discussions and agreements conducted over these platforms has considerably expanded due to the increased use of internet-based applications like WhatsApp, Facebook, Instagram and Telegram, etc., with WhatsApp accounting for most users in India. Conversations over WhatsApp have recently generated significant controversy and caught the public's attention. In light of this evolving situation, it becomes critical to examine the legal standing. Time and again, Indian courts have been presented with this topic and several courts have given their opinion by developing precedents and establishing guiding principles in the process.

Electronic Evidence admissibility proved the most convenient record in the digitalized world of the 21st century but it has also given rise to some of issues and challenges with regard to authentication. For instance-there is an increase in the rise in cybercrimes where it is seen mostly women are the victims and thereby it becomes even more significant to provide justice to them. Electronic evidence has a high evidentiary value and has been accepted by the Indian Courts if under the Indian Evidence Act, of 1872 the essential conditions are fulfilled. For the purpose of answering the paper, specifically, I have taken the WhatsApp admissibility of courts as my topic because WhatsApp proves to be the widest-used application in India where even the biggest of transactions happen from this application WhatsApp chats are admissible by the Indian courts because of the increasing crime rates in India it becomes necessary to provide justice to the victims and for admissibility certain conditions need to be fulfilled as mention under the Indian Evidence Act,1872.Therefore, to say WhatsApp chats are admissible under the Indian Courts as it forms electronic evidence and has a corroborative value which can’t be rejected altogether.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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