The Evidentiary Value Of WhatsApp Messages As Electronic Evidence In India, The USA, the UK, And China
- IJLLR Journal
- Mar 6
- 1 min read
Deekshitha Preeth Jayaram, LLM (Cyber Law & Cyber Security), School of Law, SRM Institute of Science & Technology, Chennai, India.
Dr. Anees P.K., Assistant Professor in Law, Government Law College, Kozhikode, Kerala, India.
ABSTRACT
Information technology has paved the way for doors previously unopened in the realm of evidence law. The evidentiary value of electronic evidence has come a long way in Indian criminal procedure, with a paradigm shift in terms of its relevance under the newly enacted Bharatiya Sakshya Adhiniyam, 2023. The authors aim to understand the crucial changes brought under S. 63 of the BSA and recent judicial precedents to understand the admissibility of WhatsApp messages as electronic evidence and its evidentiary value. The authors analyze several precedents in this regard, and the BSA considers it at par with primary evidence if certain crucial factors are satisfied, marking a big victory for evidence in techno-legal cases. Also, a brief comparison of the current stand on whatsapp and similar electronic evidence has been discussed in the paper for comprehensive understanding of the instant messaging apps evidence. The authors also comparatively analyze how evidence is appreciated in other countries like the USA, the UK, and China.
Keywords: Electronic Evidence, Admissibility of WhatsApp Chats, Section 63 of Bharatiya Sakshya Adhiniyam, Right to Privacy & Fair Trial.
