Admissibility of WhatsApp Chats as Electronic Evidence under the Bharatiya Sakshya Adhiniyam, 2023: Authentication, Certification and Judicial Challenges

This article examines the admissibility of WhatsApp chats as electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), with particular emphasis on authentication, statutory certification and judicial challenges. As WhatsApp communications increasingly appear in legal proceedings, courts must consider not only whether a message is presented but also its source, integrity, completeness and reliability. The article analyses Sections 61, 62 and 63 of the BSA and considers the relevance of earlier judicial decisions interpreting the former Section 65B of the Indian Evidence Act, 1872. It distinguishes compliance with the statutory requirements for admitting electronic records from the separate question of whether a particular communication is genuine and trustworthy. The article highlights practical difficulties involving screenshots, exported chats, device identification and preservation of digital records. It concludes that effective adjudication requires proper certification alongside careful judicial assessment of authenticity and evidentiary reliability.