Section63 Guides s.63 BSA 2023

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WhatsApp evidence in a 498A case

This is the one proceeding where chat evidence is filed roughly as often by the accused as by the complainant, and for opposite reasons. Both uses depend on the same thing: a complete record rather than a curated one.

What the complainant’s side uses it for

What the accused’s side uses it for

Completeness is the whole game here

Because both sides use the same conversation for opposite purposes, whichever party produces a partial record hands the other one an argument. Four screenshots invite the question of what came before and after — and in a criminal proceeding the answer will be pressed hard.

So export the range and produce it: the full conversation over the material period, certified, with the entries numbered. If parts of it are unhelpful, they are unhelpful in a document your opponent could obtain anyway, and it is far better to have produced them than to have been shown to have withheld them. See screenshots and why an export is stronger.

Producing it at the right stage

A certified record can be put before a court at more than one point — with the complaint, on an application, at trial, or before a High Court on a quashing petition. Each has its own rules about what a court will receive and what weight it will give, and the choice is counsel’s.

What is common to all of them is that the document has to be capable of being verified. A record produced with the certificate, the hash and the native file behind it can be examined by the other side and the court; a printout with no certificate is something the court is invited to take on trust, which at any stage of a criminal proceeding is a weak position.

The traps peculiar to these files

Related: chat evidence under the PWDVA, and in maintenance proceedings, which frequently run alongside.


This guide explains procedure and states the law as we understand it. It is not legal advice, and Aarohan Enterprises is not a law firm. Whether a court admits a particular record, and what weight it gives it, is for that court to decide. Have an advocate settle anything you intend to file.

Prepare one now

Section63 builds this document from your export.

Drop in the .txt or .zip WhatsApp gives you and read the whole exhibit — transcript, Part A, Part B, Schedules and the integrity checks — before you pay.

More guides

The Section 63 certificate

The certificate formatThe form the Schedule to Section 63(4) BSA calls for, set out in full: Part A for the person producing the record, Part B for the expert, and the particulars of the record and the device.
Who signs Part AChoosing the right deponent for the Section 63(4) certificate: lawful control of the device, why an advocate or clerk should not sign, and what to do when the phone belonged to someone else.
Who can sign Part BThe expert certificate under Section 63(4) BSA, the Section 79A question, and what the Supreme Court decided — and expressly did not decide — in 2026.
From Section 65B to Section 63What the Bharatiya Sakshya Adhiniyam 2023 changed for electronic evidence certificates, and what carried over from Section 65B of the Evidence Act.

Preparing and filing the record

Exporting a chat for courtStep by step: exporting a WhatsApp conversation on Android and iPhone, with or without media, what the .txt and .zip contain, and how to get the file off the phone without changing it.
Filing a chat exhibitWhat goes on the court file when chat evidence is produced: the transcript, the Section 63(4) certificate, the native file, service on the other side, and when the certificate must be filed.
Screenshots vs an exportWhat a WhatsApp screenshot can and cannot establish in court, how it differs from an export, and how to produce a screenshot properly when it is genuinely all you have.
WhatsApp chat to PDF for courtHow to convert a WhatsApp chat to a PDF for court in India: what the rendered transcript has to contain, why the PDF is not the certified record, and what has to be filed alongside it.
The WhatsApp export .zipWhat WhatsApp puts inside the .zip it gives you, why unzipping and re-zipping breaks the hash, and how the transcript and the attachment files become a single Section 63 exhibit.
Preserving the conversationWhat to do the moment a WhatsApp conversation becomes evidence: stop the losses, take the export, keep the handset, and understand what preservation does and does not establish.
Verifying the hash, step by stepThe exact commands to recompute a SHA-256 hash on Windows, macOS and Linux, what a match proves, and what to do when it does not match.
“Media omitted”: what it meansWhy a WhatsApp export says media omitted, whether the files can be recovered, and how to take an export that includes them.
Photographs, voice notes and documentsHow attachments from a WhatsApp conversation are produced in Indian proceedings, why each file needs its own hash, and how media is tied back to the transcript.
Voice notes, audio and transcriptsHow WhatsApp voice notes and audio are produced in Indian proceedings: the .opus file, who prepares the transcript, translation into the language of the court, and what identifies the speaker.

What a chat can and cannot prove

Are chats valid evidence?Whether WhatsApp messages are admissible in Indian courts under the Bharatiya Sakshya Adhiniyam, what the Section 63(4) certificate requires, and the difference between admissibility, proof and weight.
Deleted messagesWhat happens to deleted WhatsApp messages, why an export cannot recover them, what a backup does and does not restore, and the routes that actually exist when the deleted content matters.
Challenging chat evidence: a checklistThe grounds on which chat evidence is attacked in Indian proceedings: certificate defects, provenance, completeness, attribution and alteration.
Group chats, attribution and third partiesThe particular problems of group conversations in evidence: who said what, participants who are strangers to the dispute, and what to redact.
The limits of a WhatsApp exportThe honest limits of chat evidence: deleted and disappearing messages, edited messages, forwarding, read receipts and what an export is not.
WhatsApp Business and company accountsProducing WhatsApp Business conversations in Indian proceedings: who was in lawful control of a company account, what the Business app adds to the record, and how orders and automated replies are read.
Timestamps, order and time zonesHow WhatsApp writes dates and times into an export, whose clock and time zone they come from, why 05/06 is ambiguous, and what a gap in the sequence does and does not show.

By proceeding

Divorce and matrimonialHow chat evidence is used in matrimonial proceedings in India, which conversation to produce, the problem with messages taken off a spouse’s phone, and what a transcript can and cannot establish.
Maintenance proceedingsHow chat evidence is used to establish income, concealed earnings and standard of living in maintenance proceedings, alongside the affidavit of disclosure required by Rajnesh v. Neha.
Domestic violence (PWDVA)How chat evidence is used in proceedings under the Protection of Women from Domestic Violence Act, 2005 — verbal, emotional and economic abuse, interim relief, and producing the record properly.
Cheque bounce (s.138 NI Act)How chat evidence is used in Section 138 Negotiable Instruments Act proceedings: proving the underlying debt, rebutting the presumption, acknowledgment of liability and part payment.
Contract and commercial disputesHow chat evidence is used in commercial matters: formation and variation of contracts by message, purchase orders and delivery, admissions of dues, arbitration agreements, and business account records.

हिन्दी

WhatsApp चैट कोर्ट में कैसे पेश करेंWhatsApp चैट को भारतीय अदालत में सबूत के तौर पर पेश करने की पूरी प्रक्रिया: चैट एक्सपोर्ट, SHA-256 हैश, धारा 63(4) BSA का प्रमाणपत्र (भाग A और भाग B), और दाखिल करते समय क्या-क्या देना होता है।