False complained filed by wife against husband under DVC & U/S 498A

711 votes

If you think the conversation can be helpful to you in trial then with provision of law definitely it’s admissible in Court. Section 2(i) defines computer as “any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network”. This definition also includes the mobile phones as well. It means that SMS/WhatsApp message would be admissible under the court of law for the documents are admissible under the Section 65 of Indian Evidence Act, 1872.

For your review I am providing a case reference In State of Delhi v. Mohd. Afzal & Others, it was held that electronic records are admissible. Good Luck

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Advocate Sameer Hussain LawRato

977 votes

Hi
Yes you can mark the whatsapp conversation as evidence in the trial.
Please ensure that the conditions mentioned with reference to Section 65B of Indian evidence act as mentioned in An
Section 65B of the Evidence Act details this special procedure for adducing electronic records in evidence. Sub-section (2) lists the technological conditions upon which a duplicate copy (including a print-out) of an original electronic record may be used: (i) at the time of the creation of the electronic record, the computer that produced it must have been in regular use; (ii) the kind of information contained in the electronic record must have been regularly and ordinarily fed in to the computer; (iii) the computer was operating properly; and, (iv) the duplicate copy must be a reproduction of the original electronic record.
Anvar v. Basheer and the New (Old) Law of Electronic Evidence as advised by Supreme Court is to be strictly followed for marking whatsapp chat messages.

Advocate Rajagopalan LawRato

584 votes

sure as per section 65 the electronic evidence is admissible in evidence but you must make a copy in form of compact disc and also need to produce the original phone without any disruption of format as it was or else it will vitiated and hence please secure the phone as it was

Advocate Innamuri Balasubramanyam LawRato

608 votes

Our society is a male dominated society basically due to that our laws relating to woman r framed to protect them, so the husband has no relief against a false complaint against him and his family members.
as per the latest judgment delivered by Mumbai high court in SHRI MANGESH BALUKRISHNA BHOIR VA SAU LEENA MANGESH BHOIR the court held that whenever a wife Institutes false complaint against her husband and his family members and they get acquitted and no cases made out against them then such an act of wife constitute cruelty on this ground the husband entitled to file a petition for DIVORCE from her wife

Advocate Basa Appala Reddy LawRato

986 votes

From the query, it has come to know that the wife had filed a case one under sec. 498-A of IPC and D.P.Act, moreover the husband claims that there was no harassment. Moreover the husband claims that she is in touch with him on whatsapp, and chatting. Having read the query I can opion that, as far as the complaint with regard to dowry harassment case is concerned, she has to prove before the court that there was any harassment at any specific time alleged in complaint, if she fails, the husband would be acquitted by the court for lack of evidence.

As far as the conversation between them is concerned, whether the conversation is in what nature. If the conversation is with regard to continueing the matrimonial life, and the woman is admitting the fault of her mistake in filing the false complaint either at the instance of her relatives or someone else, then the husband and the wife if wishes they can approach the Court and file withdrawal petition and get compromise the matter. They can start afresh matrimonial life.

If any of the party does not want to continue the matrimonial life, and want to fight the case, the husband may use the said conversation as evidence and get mark as evidence as piece of evidence in his defence, showing that she has no complain against her husband or relatives. But the husband should be cautious before becoming as a witness in his own case.

Advocate Mustafa Ali LawRato