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Whatsapp chat as evidence in 376 after recent Supreme Court judgement
16-Jul-2023 (In Criminal Law)
Please suggest if whatsapp chat between complainant and prosecutrix in relationship(to prove relationship) be used as an evidence as recent Supreme Court order on whatsapp chat "especially in business agreement" is confusing.
What is the matter? is the matter at the stage of evidence ? what is the relationship you want to prove ? whatsapp chats are evidence for proof and would be acceptable as evidence in court. but to advice more will need to see your documents ?
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Adv. Abhinav Sharma
Delhi | 700+ Answers
Chat
Inference may be drawn by the court, judge can be prejudiced in a matter on the basis of whatsapp chat, although not admissible in evidence, you can still get bail from the court on the basis of whatsapp chat, as individuals liberty is involved, some difficulty would certainly be their in civil trials involving contracts, as chat remains vulnerable as ever, still do your business with caution
Thanks
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Adv. Rajinder Pal Singh
Delhi | 200+ Answers
Chat
These are just passing observations. what the judges might have intended was that one has the option of deleting the messages before being seen. however, in a rape case, this will be good evidence because the conversation would be a continuing conversation. if the phone through which such chat took place is placed in evidence and/or section 65B affidavit is filed, there will not be any problem. In criminal cases , the effect of inferences on degree of proof has been understated.
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