Vakilpedia Blog · Updated 4 October 2026

WhatsApp Chats as Evidence in Indian Courts: How to Prove Them (BSA 63)

A WhatsApp chat is an electronic record. Under the Bharatiya Sakshya Adhiniyam, 2023, a printout or screenshot of it is admitted as secondary evidence when it is accompanied by a Section 63(4) certificate — the successor of the old 65B certificate. Most chats that fail in court fail on the certificate and the chain of custody, not on what they say.

Screenshot or export?

Screenshots are easy to dispute: they show only part of the conversation and are easy to alter. Prefer WhatsApp’s own “Export chat” (with or without media) and keep the exported .txt or .zip file exactly as produced. Screenshots can still be filed for convenience, but tie them to the exported file and its hash.

What to do, in order

  1. Do not delete the chat or change phones until the case is over — the device may need to be produced.
  2. Export the chat from the phone that holds it, and note the date, time and the phone’s make, model and IMEI.
  3. Calculate the SHA-256 hash of the exported file. EvidenceHash does it in your browser without uploading the file.
  4. Prepare the Section 63(4) certificate: Part A by the phone’s owner/user, Part B by an expert who verifies the same hash. See our guide to the Section 63 BSA certificate format.
  5. Print the relevant pages, mark them as extracts of the hashed file, and file them with the certificate.

Mistakes that weaken a chat in court

  • Cropped screenshots with no date, number or contact name visible.
  • Forwarded copies of the chat instead of the chat on the original device.
  • A hash taken of one file while a different copy is filed.
  • No certificate at all, or one signed only by the party with no expert part.
  • Translating the chat without filing the original-language text alongside.

Proving who sent the messages

The certificate proves the record is what it claims to be. Who wrote it is a separate fact: link the number to the person through call records, the SIM subscriber details, admissions, or the context of the conversation. Plan for both from the start.

Frequently asked questions

Are WhatsApp chats admissible as evidence in India?

Yes. They are electronic records; copies are admissible under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 when accompanied by the Section 63(4) certificate in the Schedule form.

Is a screenshot enough?

Not on its own. A screenshot is a computer output and needs the certificate. An exported chat file with its hash value is much harder to dispute.

Do I need the phone in court?

Not always, but keep it. If the other side disputes the record, the court may want the original device examined.

This article explains the law in general terms and is not legal advice for any particular case. Section numbers and text are taken from the bare acts; check the current text before you file.