Cruelty, desertion, adultery, harassment for dowry — in modern matrimonial litigation each of these is pleaded and rebutted through WhatsApp chats, emails, call detail records and social media. Yet a striking number of cases are lost not because the material did not exist, but because it was never proved in the manner the Bharatiya Sakshya Adhiniyam, 2023 requires. This article explains how electronic records enter evidence in Family Court, and how a party can object to them.
The legal frame after 1 July 2024
The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 for proceedings instituted on or after 1 July 2024. For electronic records the architecture is familiar: Section 61 declares that an electronic record shall not be denied admissibility merely because it is electronic; Section 63 — the successor to the celebrated Section 65B — governs how copies of electronic records are proved, including the certificate under Section 63(4). The certificate remains the gatekeeper: courts treat it as a condition of admissibility for secondary electronic evidence, and matrimonial litigation is no exception.
What each kind of material needs
| Material | How it is proved |
|---|---|
| WhatsApp chats (screenshots / exports) | Print or export filed with a Section 63(4) certificate of the device owner; original device preserved for inspection |
| Emails | Printouts with certificate; where authorship is disputed, header details and account ownership become relevant |
| Call detail records | Summoned from the operator with the operator's certificate; not from private printouts |
| Photographs and videos on a phone | Copy with certificate; metadata and the original device matter when tampering is alleged |
| Voice recordings | Copy with certificate; identification of voices and, where disputed, expert comparison |
| Social media posts | Captures with certificate; account linkage established through admissions or platform records |
The Family Court's wider latitude
Section 14 of the Family Courts Act, 1984 permits a Family Court to receive as evidence any report, statement, document or information that in its opinion assists it to deal effectually with the dispute, whether or not it would otherwise be admissible. This is a real relaxation, and Family Courts use it — but it is a discretion, not a right. Prudent practice is to prove electronic material strictly and treat Section 14 as a safety net, never as the plan. An opponent facing damaging chats will take every technical objection available; the certificate removes the easiest one.
Objections available to the other side
Preservation is half the battle. Chats deleted from a phone are difficult to reconstruct; parties anticipating litigation should export conversations promptly, keep the device intact, and avoid edits of any kind — an edited export is a gift to the opposing side.
Privacy and privilege
Two doctrines intersect here. Communications between spouses during marriage are privileged, but the privilege has an express exception for proceedings between the spouses themselves — a divorce or maintenance case is exactly such a proceeding. Separately, the argument that evidence collected in breach of privacy is inadmissible has generally not prevailed in Indian matrimonial litigation, where relevance remains the touchstone, though the manner of collection can affect the weight given and can have its own consequences. Candour about how material was obtained is always the safer course.
Practical sequence for counsel and parties
Electronic evidence wins matrimonial cases when it is boring: complete, certified, sourced and confronted. This article is general information and not legal advice on any individual matter.
Frequently Asked Questions
Are WhatsApp screenshots admissible in divorce cases?
A screenshot is a copy of an electronic record, so it needs the statutory certificate under Section 63(4) of the Bharatiya Sakshya Adhiniyam identifying the device and the manner of production. Without it, the court can decline to read the material — though Family Courts have some latitude under Section 14 of the Family Courts Act to receive evidence that assists them.
Who gives the Section 63 certificate?
A person occupying a responsible position in relation to the device from which the record was produced — usually the party whose phone it is. The certificate identifies the record, describes how it was produced, and states that the device was operating properly. It should accompany the record when it is filed, not appear for the first time at final arguments.
Can a spouse rely on chats taken from the other spouse's phone?
Courts have generally held that relevance, not the manner of collection, governs admissibility in civil proceedings, and the spousal-communication privilege has an express exception for suits between the spouses themselves. But material obtained through hacking or impersonation can invite separate consequences, so the source should be disclosed candidly.
Do call detail records need anything special?
CDRs come from the telecom operator and should be summoned through the court with a certificate from the operator's nodal officer. Privately downloaded or unverified printouts carry little weight and invite objections that are easy to avoid.