Electronic Evidence Under Bharatiya Sakshya Adhiniyam, 2023 Explained

Learn about electronic evidence under Bharatiya Sakshya Adhiniyam, 2023, including WhatsApp chats, emails, screenshots, admissibility, and their role in Section 69 BNS cases.

In today’s digital world, electronic evidence has become one of the most important forms of evidence in criminal cases. WhatsApp chats, emails, photographs, videos, social media messages, location data, and other electronic records are frequently relied upon during investigations and trials, particularly in Section 69 BNS cases. However, many people mistakenly believe that a single screenshot or WhatsApp message can decide the outcome of a case.

In reality, courts evaluate electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023 by examining its admissibility, authenticity, relevance, and reliability, along with the entire body of evidence. This article explains the legal framework governing electronic evidence, its role in Section 69 BNS cases, and how courts assess digital records before relying upon them.

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Electronic Evidence Under Bharatiya Sakshya Adhiniyam, 2023

Today, some of the most important evidence in a criminal case is no longer found on paper—it is stored on mobile phones, computers, cloud storage, and social media platforms. WhatsApp chats, emails, photographs, videos, location data, call records, and other electronic records often play a significant role in criminal investigations and trials.

This is particularly true in Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) cases, where the prosecution and the defence may rely on electronic communications to support their respective versions of events. However, many people wrongly assume that every screenshot or WhatsApp message automatically proves a case. In reality, courts examine electronic evidence carefully and in accordance with the Bharatiya Sakshya Adhiniyam, 2023 (BSA) before relying upon it.

What is Electronic Evidence?

Electronic evidence refers to information that is created, stored, transmitted, or received in digital form and may be produced before a court as evidence.

Unlike traditional paper documents, electronic evidence exists in electronic devices or digital systems and is usually generated through computers, mobile phones, servers, or online platforms.

Common examples of electronic evidence include:

WhatsApp chats
Emails
SMS messages
Instagram messages
Facebook Messenger conversations
Telegram chats
Signal messages
Audio recordings
Video recordings
CCTV footage
Mobile call records
GPS and location history
Google Maps timeline
Photographs stored on mobile phones
Cloud storage files
Digital payment records
Electronic calendars
Website communications
Matrimonial platform conversations

In modern criminal litigation, electronic evidence often provides valuable information about the communications, conduct, and interactions between individuals.

However, electronic evidence is not automatically accepted simply because it exists. Before relying on it, courts examine whether it is legally admissible, relevant to the issues in dispute, and sufficiently reliable.

Electronic Evidence Under the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) recognises that electronic records have become an integral part of modern life and legal proceedings. As a result, electronic evidence is treated as a recognised form of evidence, subject to the requirements of the law.

The purpose of recognising electronic records is to ensure that courts can consider relevant digital material while maintaining the integrity and reliability of the judicial process.

Depending on the facts of a case, electronic evidence may include:

Digital communications between the parties.
Electronic documents.
Audio and video recordings.
Images and photographs.
CCTV footage.
Computer-generated records.
Digital transaction records.
Location data.
Other electronic records relevant to the issues before the court.

However, recognising electronic evidence does not mean that every digital file automatically proves the facts alleged.

Like all other forms of evidence, electronic records are evaluated by the court after considering factors such as:

Whether they are legally admissible.
Whether they are authentic.
Whether they are relevant to the issues involved.
Whether they have been properly produced before the court.
Whether they are supported or contradicted by other evidence on record.

The court ultimately considers electronic evidence together with oral evidence, documentary evidence, witness testimony, and the surrounding circumstances before recording its findings.

This balanced approach helps ensure that digital material is neither ignored nor accepted without proper judicial scrutiny.

Why Electronic Evidence Matters in Section 69 BNS Cases

In many Section 69 BNS cases, the relationship between the parties has developed over weeks, months, or even years through digital communication.

As a result, electronic evidence may provide important information regarding the background of the allegations and the sequence of events.

Depending on the facts of the case, electronic evidence may relate to:

Conversations exchanged between the parties.
The timeline of the relationship.
Meetings and travel arrangements.
Matrimonial platform communications.
Emails or messages discussing future plans.
Photographs and videos.
Social media interactions.
Digital payments or financial transactions.
Location history.
Other relevant electronic records.

For example, the prosecution may rely on electronic communications to support its allegations, while the accused may rely on similar material to explain the nature of the relationship or challenge the prosecution’s version of events.

The court does not ordinarily decide the case based on one message or one screenshot alone.

Instead, it examines the entire body of evidence, including:

Oral evidence.
Documentary evidence.
Electronic records.
Witness testimony.
Cross-examination.
The conduct of the parties.
The surrounding circumstances.

This is why preserving electronic evidence can be important for both complainants and accused persons.

Deleting messages, changing devices without preserving data, editing screenshots, or otherwise altering digital records may create evidentiary issues during the investigation or trial.

Ultimately, the role of electronic evidence in a Section 69 BNS case is not to replace other evidence but to assist the court in understanding the facts and determining whether the legal ingredients of the alleged offence have been established.

WhatsApp Chats as Evidence?

One of the most frequently asked questions in Section 69 BNS cases is whether WhatsApp chats can be used as evidence.

The short answer is yes. However, the legal position is more nuanced than many people assume.

WhatsApp conversations may be relevant because they can contain information about:

The nature of the relationship.
Communications between the parties.
Meetings and interactions.
Future plans discussed by the parties.
The timeline of events.
Other facts relevant to the allegations.

However, the existence of WhatsApp chats does not automatically prove or disprove a criminal case.

Before relying upon WhatsApp conversations, the court considers issues such as:

Whether the chats are legally admissible.
Whether they are authentic.
Whether they are complete or only selective extracts.
Whether they have been properly produced before the court.
Whether they are consistent with the other evidence on record.

For example, a single message viewed in isolation may not accurately reflect the overall context of a relationship. Courts therefore examine WhatsApp chats together with oral evidence, documentary evidence, witness testimony, and the surrounding circumstances.

Accordingly, WhatsApp conversations may become an important part of the evidence, but they are ordinarily one piece of the larger evidentiary picture rather than the sole basis for deciding a case.

Can Deleted Messages or Screenshots be Used?

Many people assume that deleting messages permanently removes them from legal scrutiny or that a screenshot alone is enough to prove what happened.

The legal position is more nuanced.

Deleted Messages

Deleted electronic communications may still become relevant during an investigation or trial depending upon the facts, the availability of the underlying data, and the lawful methods used to obtain it.

Whether deleted material can ultimately be relied upon depends upon several factors, including:

Whether it can be lawfully recovered.
Whether its authenticity can be established.
Whether it is relevant to the issues before the court.
Whether it satisfies the applicable legal requirements.

Deleting messages after a dispute has arisen may also create practical difficulties for either party because potentially relevant evidence may no longer be readily available.

Screenshots

Screenshots are frequently produced in criminal proceedings.

However, a screenshot is not automatically accepted as conclusive proof of what occurred.

The court may consider questions such as:

Who created the screenshot?
Is it complete or only a portion of the conversation?
Has it been altered or edited?
Can it be correlated with the original electronic record?
Is it supported by other evidence?

Where the authenticity or completeness of a screenshot is disputed, the court evaluates it in the context of all the evidence available in the case.

For this reason, parties should avoid relying solely on isolated screenshots when more complete electronic records are available.

How Do Courts Evaluate Electronic Evidence?

Courts do not evaluate electronic evidence merely by asking whether a document or digital record exists.

Instead, they consider whether the evidence is reliable, relevant, and legally admissible.

While appreciating electronic evidence, the court may examine factors such as:

Relevance

Does the electronic record relate to the issues that the court has to decide?

A conversation that has no connection with the allegations may have little evidentiary value.

Authenticity

Is the electronic record genuine?

The court may examine whether there is any indication that the material has been altered, manipulated, or presented out of context.

Reliability

Is the electronic evidence dependable?

For example, the court may consider whether the record has been produced in a manner that inspires confidence.

Consistency

Does the electronic evidence support or contradict:

Oral evidence?
Documentary evidence?
Witness testimony?
The conduct of the parties?

Courts generally appreciate evidence as a whole rather than examining each piece in isolation.

Corroboration

Electronic evidence often gains significance when it is supported by other admissible evidence.

For example:

WhatsApp chats may correspond with travel records.
Emails may be consistent with witness testimony.
Photographs may support the timeline emerging from other evidence.

Similarly, where electronic evidence conflicts with other reliable material, the court evaluates the reasons for that inconsistency before recording its findings.

Ultimately, electronic evidence is assessed as part of the complete evidentiary record, not as an isolated item.

Can Electronic Evidence Alone Decide a Section 69 BNS Case?

This is one of the biggest misconceptions surrounding Section 69 BNS prosecutions.

Many people believe that:

One WhatsApp message proves innocence.
One screenshot proves guilt.
One email decides the entire case.

That is rarely how criminal trials work.

A court ordinarily decides a Section 69 BNS case after considering all the evidence placed before it.

This may include:

Oral evidence.
Documentary evidence.
Electronic records.
Witness testimony.
Cross-examination.
The conduct of the parties.
The surrounding circumstances.

Electronic evidence may be extremely important in a particular case, but it is generally evaluated together with the rest of the evidence.

For example, WhatsApp conversations may explain the timeline of a relationship, while witness testimony, travel records, photographs, and other documents may provide additional context.

Likewise, an isolated message that appears significant at first glance may assume a different meaning when the entire conversation or other surrounding evidence is examined.

Ultimately, the court’s task is not to decide the case on the basis of one digital record, but to determine whether the prosecution has established the legal ingredients of the alleged offence through the evidence viewed as a whole.

This balanced approach helps ensure that justice is based on the complete factual record rather than on selective extracts of electronic communications.

Electronic Evidence and the Ingredients of Section 69 BNS

In a Section 69 BNS prosecution, the court is required to determine whether the prosecution has proved the legal ingredients of the alleged offence through admissible evidence.

Electronic evidence often becomes relevant because it may help the court understand the facts surrounding the relationship and the allegations. However, electronic evidence does not automatically prove or disprove any ingredient of Section 69 BNS. It is evaluated together with oral evidence, documentary evidence, witness testimony, and the surrounding circumstances.

Depending on the facts of the case, electronic records may be relevant to different aspects of the prosecution’s case.

Alleged Promise or Representation

Where the prosecution alleges that a promise or representation was made, electronic communications such as WhatsApp chats, emails, text messages, or matrimonial platform conversations may be relied upon to understand what was communicated between the parties.

The court does not ordinarily rely on a single message in isolation. Instead, it examines the complete communication, its context, and how it fits with the other evidence on record.

Timeline of the Relationship

Electronic evidence may assist in reconstructing the chronology of events.

For example, the court may consider:

Messages exchanged over time.
Call records.
Emails.
Photographs with metadata.
Travel bookings.
Location history.
Calendar entries.

A clear timeline can help the court understand when important events allegedly occurred and whether they are consistent with the parties’ respective versions.

Alleged Concealment of Material Facts

In cases involving allegations of concealment of material facts, electronic records may become relevant if they relate to communications between the parties before or during the relationship.

Depending on the allegations, the court may examine whether the electronic material supports, contradicts, or provides context to the parties’ claims.

The evidentiary value of such records depends on their authenticity, admissibility, and consistency with the other evidence.

Conduct of the Parties

Courts may also examine electronic communications to understand the conduct of the parties before, during, and after the events giving rise to the dispute.

This may include:

The frequency of communication.
The nature of conversations.
Travel planning.
Meetings.
Subsequent interactions.
Other digital records relevant to the issues before the court.

The conduct reflected in electronic records is evaluated together with witness testimony and documentary evidence rather than in isolation.

Consent and the Surrounding Circumstances

Electronic evidence may also form part of the material considered by the court while examining allegations relating to consent and the surrounding circumstances of the relationship.

For example, messages, emails, photographs, or other electronic records may provide context regarding the interactions between the parties. However, consent cannot ordinarily be determined by reading one message or viewing one screenshot alone.

The court evaluates the complete evidentiary record, including:

Oral evidence.
Documentary evidence.
Electronic records.
Cross-examination of witnesses.
The conduct of the parties.
The surrounding circumstances.

Ultimately, the question before the court is whether the prosecution has proved the legal ingredients of Section 69 BNS through admissible and reliable evidence. Electronic evidence may play an important role in that assessment, but it is one component of the overall evidentiary framework, not a substitute for the court’s appreciation of the entire record.

Read more: Consent Under Section 69 BNS Explained

Common Mistakes People Make with Electronic Evidence

Electronic evidence can significantly influence the outcome of a criminal case. However, many people unknowingly make mistakes that reduce its evidentiary value or create unnecessary legal complications.

Whether you are a complainant or an accused person, avoiding these mistakes can help preserve important evidence for the court’s consideration.

1. Deleting WhatsApp Chats

One of the most common mistakes is deleting conversations after a dispute arises.

People often believe that deleting messages will prevent them from being used in court. In reality, deleting potentially relevant communications may create evidentiary issues and, in some cases, the data may still be capable of lawful recovery.

If the messages are relevant to the dispute, preserving them is generally the safer course.

2. Relying Only on Screenshots

Many litigants produce only screenshots instead of preserving the original electronic records.

A screenshot may show only a small part of a conversation and may not always provide the complete context.

Where possible, it is better to preserve the original electronic records in addition to any screenshots.

3. Editing or Altering Digital Records

Editing photographs, modifying chats, cropping conversations, or altering electronic records can seriously affect the credibility of the evidence.

Courts expect electronic evidence to be produced in an authentic and reliable form.

4. Changing or Disposing of Mobile Phones

Replacing a phone without preserving important data may result in the loss of valuable electronic evidence.

Before changing devices, parties should consider securely backing up relevant records.

5. Ignoring Other Forms of Evidence

Electronic evidence is important, but it is only one part of a criminal case.

Many people focus entirely on WhatsApp chats while overlooking:

Witness testimony.
Documentary evidence.
Travel records.
Financial records.
Emails.
Photographs.
Other relevant evidence.

Courts evaluate all admissible evidence together.

Practical Tips for Complainants and Accused Persons

Every Section 69 BNS case is different, but certain practical steps can help preserve relevant electronic evidence.

Preserve Original Records

Avoid deleting chats, emails, photographs, videos, or other electronic communications that may become relevant to the case.

Maintain the Original Device

Where possible, retain the mobile phone, laptop, or other device containing the original electronic records until appropriate legal advice is obtained.

Avoid Altering Electronic Records

Do not edit screenshots, modify conversations, or manipulate digital files.

Authenticity is one of the factors courts consider while evaluating electronic evidence.

Preserve Complete Conversations

A complete communication history often provides more context than isolated messages or selective screenshots.

Take Legal Advice Early

Electronic evidence may raise questions relating to admissibility, authenticity, preservation, and production before the court.

Obtaining timely legal advice can help ensure that relevant material is preserved and presented in accordance with law.

Frequently Asked Questions

What is electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023?

Electronic evidence includes digital records such as WhatsApp chats, emails, photographs, videos, electronic documents, social media messages, call records, and other information stored or transmitted electronically that may be relevant to a legal proceeding.

Can WhatsApp chats be used as evidence?

Yes. WhatsApp chats may be relied upon in legal proceedings, subject to the applicable legal requirements. Courts evaluate their admissibility, authenticity, relevance, and reliability together with the other evidence on record.

Are screenshots sufficient to prove a case?

Not necessarily. Screenshots may be relevant, but courts often consider whether they accurately reflect the original electronic record and whether they are supported by other evidence.

Can deleted messages become relevant in a criminal case?

Depending on the facts and the applicable legal procedures, deleted electronic records may sometimes become relevant if they can be lawfully recovered and proved before the court.

Does electronic evidence automatically prove a Section 69 BNS case?

No. Electronic evidence is evaluated together with oral evidence, documentary evidence, witness testimony, and the surrounding circumstances. The court decides the case on the basis of the entire evidentiary record.

Why is electronic evidence important in Section 69 BNS cases?

Electronic communications often provide information about the relationship, interactions between the parties, the timeline of events, and other facts that may be relevant to the allegations. However, their evidentiary value depends on the facts of each case and the court’s appreciation of the complete evidence.

Conclusion

Electronic evidence has become an integral part of modern criminal litigation, particularly in Section 69 BNS cases, where relationships and communications often unfold through digital platforms. WhatsApp chats, emails, photographs, videos, social media messages, and other electronic records can all become relevant during an investigation or trial.

However, the existence of electronic evidence does not automatically determine the outcome of a case. Courts evaluate digital records in accordance with the Bharatiya Sakshya Adhiniyam, 2023, considering their admissibility, authenticity, relevance, reliability, and consistency with the other evidence on record.

Ultimately, a court decides a case by appreciating the entire body of evidence—including oral evidence, documentary evidence, electronic records, witness testimony, and the surrounding circumstances. Understanding how electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023 is assessed can help both complainants and accused persons better understand the role that digital evidence plays in a criminal trial.

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The information provided in this article is general in nature and should not be construed as legal advice. If you require further information or legal assistance, you may contact us at section69bns@gmail.com.