WhatsApp and email are part of our daily conversations. We communicate both personally and professionally through email and WhatsApp. However, when you send an official email, it is often accompanied by a disclaimer that it is confidential and can also be used legally. But do you know whether your WhatsApp personal or official chat is legally valid or not?
WhatsApp chat is considered digital evidence, it should be properly certified.
WhatsApp chat is considered digital evidence, it is recognized under the Electronics Act, of 2000 and the Indian Evidence Act, of 1872. Digital evidence means information present in any electronic form. Email, WhatsApp messages, WhatsApp photos, WhatsApp videos, and SMS all come under digital evidence. WhatsApp chat should be properly certified while using it as evidence. This shows that they have not been tampered with.
Should be signed by the officer, context should also be clear.
The Supreme Court has clarified that a certificate is required to accept electronic communication as evidence. The certificate should be signed by the officer. Apart from this, the officer should also write that it is according to his best knowledge and belief. Along with this, the context in which the message has been sent can affect its acceptability and legal interpretation.
Pay attention to these things while taking a screenshot of the chat.
To make WhatsApp chat legal evidence, it is very important to save it. Along with this, there should not be any kind of tampering in the chat. If you are taking a screenshot of a chat, then its time and date must be marked. Also, it is matched with other evidence. However, if you want to present WhatsApp chat as evidence in court, then definitely take the advice of a legal expert.
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