What is the validity of whatsapp texts and call records as evidence?


Yes, whatsapp messages and call records are admissible in courts and can be used as evidence as per section 65B of the Evidence Act of 1872, but the acceptance of that evidence depends totally upon the discretion of the Court. 65B, Evidence Act covers admissibility of electronic records and states that any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings.

It is suggested you keep all the messages safely and email yourself all such evidence for safekeeping. However, those evidences will be taken into consideration if it fulfils certain conditions. You can also file a complaint against your wife for filing a false 498A case and threatening you under Section 506 of the Indian Penal Code which covers Criminal intimidation.

You can claim by filing complaint for 506, IPC against your wife that your wife threatened you to do harm to you or your family or your property. Yet again, the evidence you have against her is the only thing which can support your case.




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