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. What I am unsure about is the procedure — where the application goes, what it costs, and how long section 65b evidence matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to section 65b evidence here is Bharatiya Sakshya Adhiniyam, 2023 – Section 63, Information Technology Act, 2000 – Section 4 and Bharatiya Sakshya Adhiniyam, 2023 – Section 61. The detail below matters, because Bharatiya Sakshya Adhiniyam, 2023 – Section 63 draws the line differently depending on what your documents show.

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 this means for you: 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.

Where the facts are disputed, what usually decides a section 65b evidence matter is the paper trail — dated complaints, acknowledgments and written replies under Bharatiya Sakshya Adhiniyam, 2023 – Section 63. 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 cyber law.