Whatsapp chatting as evidence for registering a fir
Preet
(Querist) 05 June 2015
This query is : Resolved
Dear esteemed Jurists and my fellow friends..
please let me know whether record of chatting on social networking site Whatsppp can be produced as evidence for filing FIR against a person. If yes, then can such chatting record which is 8 month old can be produced ?
SAINATH DEVALLA
(Expert) 05 June 2015
A screenshot of the message history would be difficult to authenticate effectively in a court of law; this does not mean that it cannot be admitted, but it would be rather difficult, as it's the visual equivalent of hearsay. If, however, one were able to subpoena (Subpoena is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure) the business records of Whatsapp related to the message, and through those records tie the message content to the sender and receiver, then it would be highly likely to be admissible.
The fact that it's electronic doesn't alter the fundamental requirements of evidence
Preet
(Querist) 05 June 2015
Sir if the receiver deletes the message history over whatsapp then how could it be proved in the court of law ?
Devajyoti Barman
(Expert) 06 June 2015
For the purpose of lodging complaint in police station those are enough. However during trial without the production of service provider with proofs it would not be considered.
