Admission of Electronic evidence (Whatsapp Chat)

954 votes

Accessing a spouse's phone without their consent may be considered a violation of their privacy under Article 21 of the Constitution. It can also attract penal action under the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita (BNS), 2023): 1. Section 63 of IT Act, 2000 – Unauthorised access or hacking of electronic device, punishable with up to 3 years imprisonment or ₹5 lakh fine. 2. Section 72 of IT Act – Breach of confidentiality and privacy. 3. Section 304 of BNS, 2023 – Dishonest misappropriation of movable property On WhatsApp Chat Evidence: WhatsApp chats can be admissible in court under Section 65B of the Indian Evidence Act, if proper certification is submitted. Illegally obtained chats may still be admissible based on relevance, though the method of procurement can be questioned in court. So yes, cases can be filed both for illegal access and possibly for submitting improperly obtained evidence, depending on facts. Legal advice should be taken for the specific situation.

Advocate Bibha Boro LawRato