From Last Words To Last Text: Can A Whatsapp Message Be A Dying Declaration?
- IJLLR Journal
- 2 days ago
- 1 min read
Priyanshi Jatav, B.A. LL.B. (Hons.), School of Law, DAVV, Indore (M.P)
ABSTRACT
The emergence and evolution of digital communication have completely changed the way human experiences, statements and final communications are preserved. In India, this technological change has raised a new evidentiary question: Can a WhatsApp Message Be a Dying Declaration? Traditionally, dying declarations have been studied in the form of oral statements, written documents, letters and statements recorded by the competent authorities. The increasing reliance on instant messaging platforms, however, challenges conventional notions of form, authenticity, and reliability.
This paper deals with the legal recognition and evidentiary value of WhatsApp messages in the light of the Bharatiya Sakshya Adhiniyam, 2023. It examines the principles governing dying declarations, such as the need for the statement to concern the cause or circumstances of death, and considers if these principles are adaptable to electronically transmitted communications. The study delves into issues of authorship, voluntariness, mental fitness, contemporaneity, electronic authentication, preservation of digital evidence, and the possibility of fabrication or manipulation.
The research critically analyses the landmark judicial precedents on dying declarations, electronic evidence and the emerging judicial treatment of e- communications, including the recent judgement of Dharmendra v. State of MP (2026). It argues the legal validity of a WhatsApp message should be determined not only by its digital form, but by the substantive reliability of the statement and the authenticity of the electronic record. The paper concludes by attempting to answer whether the existing evidentiary principles are flexible enough to accommodate digital dying declarations or whether clearer judicial and legislative safeguards are required.
Keywords: Dying Declaration, Electronic Evidence, Bharatiya Sakshya Adhiniyam, 2023
