Can cybercrime complaint be file on the basis of WhatsApp screenshot

In Cyber Crime Law
Firstly tell me that....if the screenshot of whatsapp is my evidence then... validity of document is?? I mean agar apka screenshot old h 2-3yr old toh uske basis pe cybercrime complaint ho sakti h??

Answers (3)

211 votes

In India, the message would be treated as an "electronic record" and admissible in courts as a conventional document would be, as per Section 65(B) of Indian Evidence Act provided.
Section 65 (B) of Indian Evidence Act

It states that irrespective of the sections in the act, any electronic act which can be printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be a document.

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. However, it has to fulfil four conditions mentioned in the section before it can be deemed as a document. Such conditions are a) the computer that produced it must have been used regularly at the time of production of such electronic documents; (ii) the kind of information contained in the computer must be such that it is regularly and normally supplied to the electronic device; (iii) the computer should be in proper condition and must work properly at time of creation of electronic record; and, (iv) the duplicate copy must be a reproduction of the original electronic record.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

264 votes

Firstly tell that how r you going to prove that the screenshot that u have taken is from a message sent by the person u allege has sent it. Secondly there is no way you can access data that old from WhatsApp. You can surely file a complaint but I am pretty sure it will be dismissed. After all for example I save my own second number in the name of ABC and send myself an objectionable message then take a screenshot. The screenshot will show the name of ABC, this way anyone can be made an accused. If u have archived or emailed the conversation then perhaps u may have a case.

Popular Cyber Crime Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
22 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
28 years Experience
Advocate H Gouri Shankar
Banjara Hills, Hyderabad
26 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
37 years Experience
237 votes

It is a weak evidence, but yes, a complaint can be made on the basis of an old screenshot as well. be careful regarding the handling of the image. It will be most suitable if the original mobile in which the screenshot was taken is also available. You would need to file a certificate under the Indian Evidence Act also, Contact for further information,.

Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Cyber Crime Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles