Section63 Guides s.63 BSA 2023

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WhatsApp evidence in a maintenance case

Maintenance is decided on numbers the parties rarely agree about. A conversation is often the only place where those numbers were discussed before anybody had a reason to be careful about them.

Why chats matter here specifically

Maintenance turns on income, needs and the standard of living the parties were used to. Every one of those is asserted on affidavit by people with an obvious interest, and courts know it. What moves a maintenance hearing is material that was created before the incentive existed — and for most families, the only such material is their messages.

What a conversation is used to establish

Its place in the case

Chat evidence in a maintenance matter is corroboration and contradiction, not the primary proof of income. The primary material is the affidavit of disclosure of assets and liabilities directed in Rajnesh v. Neha (2020), together with salary slips, bank statements, returns and the like. The transcript earns its place when it does not match them.

That is the use to aim at. A messages-only case on income is weak; a certified conversation in which a party described earnings that the disclosure affidavit does not reflect is a hearing that has changed shape.

Producing it so the numbers are usable

  1. Export the whole period, not the messages about money. Isolated financial messages invite the argument that they were boasts, jokes or context-dependent — the surrounding conversation is what answers that.
  2. Export with media. Payment screenshots, invoices, booking confirmations and photographs are often the substance, and without media they come out as media omitted.
  3. Number every entry, so a schedule of income can cite entries rather than quote them loosely.
  4. Tabulate what you rely on against those entry numbers, with dates and amounts. A court comparing a table to an affidavit does the arithmetic itself; one hunting through 4,000 messages does not.
  5. File the certificate and the native file, so the record can be verified — see filing a chat exhibit.

What it does not prove

The honest framing is the more persuasive one: this is what the respondent said about their own affairs, on these dates, and it is not what the affidavit now says. Let the court draw the inference rather than asserting it.

Related proceedings

Maintenance is rarely alone on the file. The same conversation is often produced in the matrimonial petition, in 498A proceedings and in a domestic violence application. Certify the export once, properly, and produce the same identified record in each — three differently prepared versions of one conversation is an inconsistency waiting to be put to you.


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.
498A cruelty proceedingsHow chat evidence is used in Section 498A IPC (now Section 85 BNS) proceedings by both sides, what a transcript can establish about demands and conduct, and how records are used at the quashing stage.
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।