Quick answer
Yes. A WhatsApp chat is an electronic record, and under Section 2(1)(d) and Section 2(1)(e) B.S.A. electronic and digital records are documents and count as documentary evidence. Under Section 61 B.S.A. a court cannot refuse a record only because it is electronic, but its contents must be proved in the manner laid down in Section 63 B.S.A. A printout or screenshot is a "computer output" that needs the Section 63(4) certificate, and even an admitted chat must still be shown to be genuine and sent by the person said to have sent it.
The law: what counts as evidence
Section 2(1)(e) B.S.A. divides evidence into two kinds:
- Oral evidence: all statements, including statements given electronically, that the court permits or requires witnesses to make before it about matters of fact under inquiry.
- Documentary evidence: all documents, including electronic or digital records, produced for the inspection of the court.
Section 2(1)(d) defines a "document" to include electronic and digital records. Its Illustration (vi) expressly lists messages, emails, server logs, documents on computers, laptops or smartphones, websites, locational evidence and voice mail stored on digital devices.
How an electronic record is proved
- Section 61: an electronic or digital record cannot be denied admissibility merely because it is electronic. Subject to Section 63, it has the same legal effect as any other document.
- Section 62: the contents of electronic records may be proved in accordance with Section 63.
- Section 63(1) and (2): information from a computer or communication device that is printed, stored or copied (the "computer output") is deemed a document and is admissible if the Section 63(2) conditions are met, such as regular use and proper working of the device.
- Section 63(4): a certificate must be submitted along with the electronic record each time it is offered for admission. It must be signed by the person in charge of the device or the relevant activities and an expert, in the form given in the Schedule (Part A filled by the party and Part B by the expert, each stating the hash value of the record).
- Section 39(2): where the court must form an opinion about information stored or transmitted electronically, the opinion of the Examiner of Electronic Evidence under Section 79A of the Information Technology Act, 2000 is a relevant fact.
Oral and documentary evidence compared
| Point | Oral evidence | Documentary evidence |
|---|---|---|
| What it is | Statements of witnesses before the court | Documents, including electronic or digital records, produced for the court's inspection |
| Electronic form | Statements may be given electronically (for example, by video link) | Chats, emails, call records, CCTV footage, files on phones and computers |
| Chat example | Zoya describing what she personally heard or saw | The chat itself, proved under Sections 61 to 63 |
Zoya says Aadil threatened her in person and later by WhatsApp. She can give oral evidence of the words she heard. To rely on the chat, she can produce it as an electronic record. If she files a printout or screenshot, it must be accompanied by the Section 63(4) certificate. If Aadil denies sending the message, the court may need further proof, such as expert opinion under Section 39(2), linking the account and device to him.
Case law on the certificate
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (Supreme Court, 2020; (2020) 7 SCC 1) held that the certificate under Section 65-B(4) of the old Evidence Act is a condition precedent to the admissibility of evidence by way of electronic record, approving Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473. Oral evidence cannot replace the certificate. In Pooranmal v. State of Rajasthan (2026 INSC 217, decided 10 March 2026), a three-judge bench applied this rule, treating Section 65-B as equivalent to Section 63 B.S.A., and held call detail records inadmissible because the certificate was not proved.
Current law note
The B.S.A. came into force on 1 July 2024 (S.O. 849(E), 23 February 2024) and Section 170 B.S.A. repealed the Indian Evidence Act, 1872. Old law: "evidence" was defined in Section 3, and electronic records were covered by Sections 65A and 65B. Matters pending on 1 July 2024 continue under the old Act (Section 170(2) B.S.A.).
Exam point
Electronic records are documentary evidence under Section 2(1)(e) B.S.A.; they are admissible under Section 61, but a printout or screenshot is proved only with the Section 63(4) certificate (old Section 65B Evidence Act).
