Admissibility of whatsapp screenshot as an evidence

Querist : Anonymous (Querist) 22 September 2021 This query is : Open
Good Morning sir,

I have a query regarding Admissibility of WhatsApp screenshot in court of law in India.

If someone has deleted his part of communication in WhatsApp chat and then taken his screenshot, Will that screenshot be admissible in court of law?

In my case the opposite party has deleted his messages and took screenshot. My problem is that even I have deleted the chat. Pls share your legal and technical opinion.

Thanks

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P. Venu

(Expert) 23 September 2021
Who is producing the evidence, you or the opposite party? If the opposite party, has it been certified? Are you doubting the authenticity of the contents of the screen shot?

Pradipta Nath (Expert) 23 September 2021
It can be admitted as an electronic evidence. It will be burden of the person to prove the facts who is making the assertion. Though if the screenshot message and the deleted message time corroborate with each other, the person who deleted the watsapp message will face inconvenience to convince the Judge as to the dissimilarity of the deleted message with the the screenshot message!

Querist : Anonymous (Querist) 27 September 2021
Thanks P Venu sir and Pradipta Nath ji, for your time and advice.

K Rajasekharan (Expert) 27 September 2021
The screen shots in both the scenario are wholly inadmissible in evidence, as a part of both the electronic records have been modified by each party.

Such an invalid piece of evidence cannot be made good by supplementing it with the 65B Certificate.

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