Can cybercrime complaint be file on the basis of WhatsApp screenshot

605 votes

Yes, cybercrime complaints can be filed on the basis of WhatsApp screenshots, but it depends on the nature and extent of the alleged offence. WhatsApp screenshots can be used as evidence in a cybercrime complaint if they can establish that an offence has been committed, and if they can be authenticated and verified as genuine. In order to make a cybercrime complaint:

1. Take a screenshot of the WhatsApp chat.

2. Lodge a complaint in your nearest Police Station describing the complete incident along with the above mentioned documents.

3. Save the soft copy of all above-mentioned documents in soft form and provide them to the Investigating Officer on a CD-R and also give a hard copy.

A screenshot of a WhatsApp chat comprises secondary evidence that cannot be used without a certificate under Section 65B of the Indian Evidence Act, 1872. Section 65B lays out four primary conditions for admitting electronic records as evidence in a court. These are:

1. The computer/device used to produce/create the message must have been in regular use when the person having lawful control over that computer/device produced the message;

2. The information/message should be of such kind that it is regularly and ordinarily used in such activity;

3. The computer/device must have been functioning properly at the time when the message was produced, and

4. The information contained in the duplicate copy produced before the court must be the same as the original electronic record.

If these four conditions are fulfilled, WhatsApp chats could be admitted as evidence in court.

Yes, you can file a cyber crime complaint on the basis of a WhatsApp chat. It must be remembered that WhatsApp chat messages form electronic evidence and can be used as corroborative evidence i.e., solely on the basis of a WhatsApp chat, the court cannot pronounce a verdict, one has to support his case with the help of other pieces of evidence too.

Advocate Siddhant Sharma LawRato

543 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.

Advocate Karunesh Kumar Shukla LawRato

735 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.

Advocate Roopesh Sharma LawRato

667 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,.

Advocate Siddhant Rai Sethi LawRato