How to Print WhatsApp Messages for Legal Evidence
Court admissibility of WhatsApp messages
Before addressing “how-to,” know “why.” Electronic evidence, including WhatsApp chats, is admissible in many countries, including India. They are generally regarded “secondary evidence” and need strict validation. These internet discussions are easily manipulated, making authenticity difficult to prove.
Sections 65A and 65B of the Indian Evidence Act, 1872, and the Information Technology Act, 2000, regulate electronic record admissibility in India. Landmark cases like Anvar P.V. v. P.K. Basheer (2014) and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) have reinforced the need for a certificate under Section 65B for electronic evidence to be admissible unless the witness directly testifies from the device. This certificate verifies the origin and integrity of the electronic record.
WhatsApp Message Extraction and Preservation
There are various ways to get WhatsApp messages, each with differing evidence. Methods that reduce tampering and promote authenticity are essential.
1. Export Chat History:
WhatsApp exports individual and group chat history.
Steps: Open the conversation, hit “More options” (three dots on Android or the contact/group name on iOS), “More,” and “Export chat.” Exporting with or without media is usually possible.
Output: This creates a.txt or.zip file for emailing or saving media. The conversation transcript with timestamps and participant names/numbers is in this text file.
Limitations: Plain text files are handy yet changeable, which might create judicial doubts regarding their legitimacy. It works well as a backup or with stronger approaches.
2. Screenshots:
Screenshots of conversations are popular but less reliable.
Process: Scroll through the discussion on your device and grab overlapping screenshots. Display contact names, numbers, dates, and timestamps.
Limitations: Screenshots are easily manipulated. They can quickly capture bits of a discussion, but they usually require stronger supporting evidence or expert verification to be accepted.
3. Third-Party Software/Forensic Extraction:
Specialized third-party tools or digital forensic experts are recommended for serious legal concerns.
Process: Software can extract WhatsApp data straight from mobile devices, generating more complete and tamper-proof archives. After a thorough investigation, forensic professionals can create a “forensic image” of the device that matches the data. This method records metadata to verify validity.
Advantages: A documented chain of custody and expert evidence make this procedure the most genuine and harder to contest in court.
Critical Step: Section 65B Certificate (India-Specific)
WhatsApp communications as secondary electronic evidence in Indian courts usually require a certificate under Section 65B of the Indian Evidence Act. This certificate proves to the court that the electronic record is authentic.
Who issues it? The certificate must be signed by a person who lawfully controlled the equipment from which the communications were collected or who is responsible for operating or managing the relevant activities. Usually the phone owner or a forensic specialist.
It should contain what? Certificates should explicitly:
Identify the electronic record (e.g., WhatsApp chat).
Describe how it was created (e.g., by exporting the conversation from a phone model with its IMEI number or forensic extraction).
Provide details about the record-making gadget.
Verify that the electronic record was created normally and has not been changed.
Printing Submission Messages
After extracting and authenticating WhatsApp conversations, publishing them for court requires many recommended practices:
Make sure printouts are clear and readable. Use decent paper and printer.
Full chat: Print the whole relevant chat. This shows context and avoids selective presentation.
Viewable Details: Clearly display important details:
Name/numbers of sender and receiver.
Complete message dates and timestamps.
Images, videos, and documents if appropriate and extracted.
Order the prints chronologically. Number each page.
Securely bind the documents.
If appropriate, send the Section 65B certificate with the printed messages. Forensic expert reports should be provided.
Conclusion
Legally using WhatsApp chats as evidence needs care. Digital communications are handy for daily usage, but their susceptibility to change requires a stringent legal admissibility procedure. Understanding your jurisdiction’s legal standards, using suitable extraction procedures, and rigorously verifying the records will greatly increase the likelihood of your WhatsApp chats being recognized as reliable and convincing evidence in court. To comply with case-specific evidence requirements, consult a lawyer.