Advocate Karunesh Kumar Shukla

Questions Answered by Advocate Karunesh Kumar Shukla (25+ answers)

Q: Can a cybercrime complaint be filed based on WhatsApp screenshots, Is there a cyber crime whatsapp n

Can a WhatsApp screenshot serve as evidence in a cybercrime complaint? What is the validity of such a document? For example, if the screenshot is 2-3 years old, can it still be used as the basis for filing a cybercrime complaint?

Advocate Karunesh Kumar Shukla answered

Are WhatsApp chats legally admissible in court?

1. The device (mobile or computer) used to create the chat must be in regular use at the time of the conversation.
2. The information must be routinely stored in that device as part of regular activity.
3. The device must have been functioning properly at the time the chat was created.
4. The copy of the chat (screenshot or printout) must match the original digital record.

• WhatsApp chats are admissible as electronic records in court.
• A Section 65B (Section 63 of BSA) certificate is mandatory to authenticate the evidence.
• WhatsApp messages alone cannot be the sole basis for a conviction; additional proof is required.

Q: Can police tap phone calls and messages without permission?

Can police tap my phone conversation, calls, messages and location? When and how? Do they need permission from court?

Advocate Karunesh Kumar Shukla answered
We usually think of legal problems as beginning with an arrest, or charges being filed against someone, but there are situations in which legal trouble starts long before an arrest or accusation takes place. You won't necessarily know when law enforcement begins to target you for investigation, but understanding the tools they have available can help you protect your privacy.Of course, any action that takes place within public view is available to law enforcement with little or no paperwork or oversight. The police can watch what you do in public spaces, or in plain view of a public space such as through the open window of a home or business. Less obvious though, is that police may also access entirely private communications, such as telephone conversations or emails.Police rely on a variety of tools to investigate crimes, including the ability to tap into a suspect's telephone conversations. While such wiretaps can produce very good evidence against potential criminals, it is also a major invasion of privacy and police must follow strict procedures when performing a wiretap.