Are WhatsApp chat screenshots admissible as evidence in a cyber crime case?

Question

I have screenshots of chats/messages as evidence for my cyber crime complaint and want to know if courts will accept them. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Are WhatsApp chat screenshots admissible as evidence in a cyber crime case? is governed in India primarily by Bharatiya Sakshya Adhiniyam, 2023 – Section 63, Information Technology Act, 2000 – Section 4 and Bharatiya Sakshya Adhiniyam, 2023 – Section 61. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Electronic records including WhatsApp chats, emails and screenshots are admissible as evidence under Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 (replacing the Indian Evidence Act), which gives electronic evidence the same legal recognition as paper documents.

However, Section 63 BSA (earlier Section 65B of the Evidence Act) requires a certificate identifying the electronic record, describing the manner of its production, and certifying the device conditions, without which secondary electronic evidence is generally inadmissible, as held in Arjun Panditrao Khotkar v. Kailash Gorantyal (2020).

Simply screenshotting a chat is not enough for strong evidentiary value — where possible, preserve the original device/account, get the platform's own export/data-download feature used, and obtain the Section 63 certificate from a person familiar with how the record was produced (this can even be you, the phone owner, in many cases).

For serious cases, forensic imaging of the device by a certified cyber-forensic lab strengthens the chain of custody and prevents the opposing side from alleging tampering.

Do not delete the original chat/app data after taking screenshots, since courts and investigators may need to verify authenticity against the source at a later stage.

What to do next: 1) Preserve the original chat/device without deleting anything; 2) Export the chat using the platform's built-in export feature where available; 3) Prepare a Section 63 BSA certificate describing how the evidence was obtained; 4) Consider a certified forensic backup for serious/high-value cases.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Bharatiya Sakshya Adhiniyam, 2023 – Section 63 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.