WhatsApp chats and Section 65 of Evidence Act: How it can impact Aryan Khan's case

Asia's Tech News Daily

WhatsApp chats and Section 65 of Evidence Act: How it can impact Aryan Khan's case

Indian law lays out detailed processes and procedures to be followed in the course of a criminal trial, including the issue of what can be used as “valid evidence” in a court and how such evidence is to be gathered.

With Bombay HC hearing the bail pleas of Aryan Khan, the question that has arisen is whether WhatsApp chats can be used as prima facie evidence against him. On Wednesday, Aryan’s legal team argued that his WhatsApp chats are not admissible as evidence in court.

Section 65 of the Indian Evidence Act deals with the issue of admissibility of electronic evidence, including e-mails, chats and social media posts.

READ: Beyond Aryan Khan case: Are WhatsApp chats admissible as evidence in court?

At present, such electronic evidence is considered “secondary evidence” under the law, unless the device itself is produced before the court.

Section 65B(1) of the Evidence Act also clearly differentiates between the original information contained in the “computer” itself and copies made therefrom – the device being primary evidence, and the “copies” considered secondary evidence.

SC judgement in Arjun Panditrao Khotkar case

In its judgement in the Arjun Panditrao Khotkar case passed on July 17, 2020, a three-judge bench of the Supreme Court clarified that a “certificate” is mandatory from the “authority” that has control or ownership of the device during the time when the electronic communication was created.

Without such a certificate, electronic communication is not admissible as evidence.

READ: Meet the man who retrieved many deleted chats of celebrities

However, the bench headed by Justice RF Nariman also clarified that if the device itself, along with the owner/authorised user of the device on which the original information is stored, is produced before the court, the “certificate” is not required.

Over the years, the courts have laid down the following principles:

  • There must be a certificate that identifies the electronic record containing the statement.
  • The certificate must describe the manner in which the electronic record was produced.
  • The certificate must furnish the particulars of the device involved in the production of that record.
  • The certificate must deal with the applicable conditions mentioned under Section 65B(2) of the Evidence Act.
  • The certificate must be signed by a person occupying an official position in relation to the operation of the relevant device.

It was further clarified by the Apex court that there must be a certificate accompanying the electronic evidence in which that person is required to state that the same is to the best of his/her knowledge and belief.

These measures are taken by the courts to ensure the source and authenticity of the electronic record.

The Supreme Court also clarified that if the authorised person or authority refuses to give the certificate despite repeated requests, “An application can always be made to a judge for production of such a certificate from the requisite person under Section 65B(4) in cases in which such person refuses to give it.”

Relevance in Aryan Khan case

In the context of the Aryan Khan case, however, it should also be noted that the question is about “certification” of the alleged WhatsApp chats, whether the phone itself was seized, and the verification of the validity of the “printouts” and “text” of the chats which is being produced in court as evidence.

The NCB officer who downloaded and printed the WhatsApp chats will have to give a 65 B certificate specifying how and when and in what manner the WhatsApp chats were printed out from Aryan Khan’s cell phone.

In addition, the NCB will also have to show the seizure memo (panchnama) of when the cell phone was seized, as well as certify the chain of custody of the device, to authenticate that there has not been any tampering with the device.

READ: WhatsApp tells Delhi HC new privacy policy on hold till data protection law comes into force

In January 2020, a two-judge bench of the Supreme Court accepted WhatsApp chats and e-mails as “proof” of a contract. The bench had held that “WhatsApp messages which are virtual verbal communications are matters of evidence with regard to their meaning and their contents to be proved during the trial by evidence-­in-­chief and cross-examination. The e­mails and WhatsApp messages will have to be read and understood cumulatively to decipher whether there was a concluded contract or not”.

More recently, in January 2021, the Punjab and Haryana High Court granted bail to a man accused under the NDPS Act, after noting that the Whatsapp messages would “have no evidentiary value” unless they were certified under the provisions of Section 65B of the Evidence Act.

However, the Apex court, as well as the Punjab and Haryana HC have in their orders noted that the “certificate” of authenticity can be submitted at any stage of the trial.

Senior Advocate Vivek Sood, who is an expert on Information Technology laws, says WhatsApp chats by themselves are not direct evidence of “consumption” of drugs.

“The WhatsApp chat by itself cannot prove consumption unless you can prove that the alleged product was actually procured and delivered. The WhatsApp chats would at best indicate a conversation which could be used as secondary evidence of intent,” Vivek Sood told India Today.

READ | https://www.indiatoday.in/magazine/cover-story/story/20201012-how-private-are-your-whatsapp-chats-1727605-2020-10-03 ALSO READ | Case of no evidence, NCB misinterpreting WhatsApp chats: Aryan Khan’s bail plea in Bombay HC WATCH | Aryan-Ananya WhatsApp chats: Conclusive proof or cunningly leaked by NCB?

Internet Explorer Channel Network
Asia's Tech News Daily
News Related


I'm a Celebrity cancelled for weekend as Storm Arwen damages show's TV production base

© Provided by The i The celebrities taking part in the show are safe and remain in the castle, ITV said (Photo: ITV/PA Media) ITV’s I’m a Celebrity…Get Me Out ... Read more »

‘It's coming': New York governor declares state of emergency over new Omicron variant

© Mary Altaffer/AP New York governor Kathy Hochul speaks at the Chinese Benevolent Association on 10 November – Mary Altaffer/AP The state of New York has declared a new public ... Read more »

Dua Lipa, Victoria Beckham and Kourtney Kardashian target pricey Christmas gifts at fans

Celebrities will be making a right sackload this Christmas from a blizzard of expensive gifts being targeted at fans. Pop’s Dua Lipa, fashion designer Victoria Beckham and reality star Kourtney ... Read more »

ECDC: High risk of the new omicron coronavirus variant spreading in Europe

There is a “high to very high” risk that the new omicron coronavirus variant will spread in Europe, according to a risk assessment from the European Center for Disease Prevention ... Read more »

‘Christmas will not be cancelled' despite tree shortage fears, Americans told

Days after reports of shortages of Thanksgiving turkeys proved premature, the American Christmas Tree Association was moved to promise Americans that “Christmas will not be cancelled”, amid reports of looming ... Read more »

Bryan Adams treated with 'anti-thrombosis' shot after positive COVID-19 test

© Bang Showbiz Bryan Adams has anti-thrombosis shot Bryan Adams has been treated with an “anti-thrombosis” injection after testing positive for COVID-19 again. The ‘So Happy It Hurts’ singer spent ... Read more »

Jimmie Allen's 6-Week-Old Daughter Zara 'Off Oxygen, Breathing On Her Own' Amid Hospitalization

© Getty Jimmie Allen has a lot to be thankful for now that his 6-week-old daughter, Zara, is on the road to recovery. The country singer revealed on Instagram that though ... Read more »

I'm A Celeb... axed all weekend due to 'technical difficulties' caused by Storm Arwen

© Bang Showbiz I’m A Celeb… axed all weekend due to Storm Arwen ‘I’m A Celebrity… Get Me Out Of Here!’ has been axed this weekend, owing to “technical difficulties” ... Read more »

Dame Helena Bonham Carter and partner Rye Dag Holmboe share North London home

© Bang Showbiz Helena Bonham Carter lives with art historian boyfriend Dame Helena Bonham Carter and her partner Rye Dag Holmboe live together and even have “his and hers” house ... Read more »

Onondaga woman and 1-year-old son found safe after having been missing since Tuesday

Sarah Jane Heltzel, 40, and her 1-year-old son Ryan Heltzel were reported missing in the Onondaga area Tuesday, Nov. 23. A missing woman and her 1-year-old son have been safely ... Read more »

1 injured in Black Friday shooting at Washington state mall

TACOMA, Wash. (AP) — Inside a packed Washington state mall gunshots rang out on Black Friday, injuring one person as hundreds of other shoppers hid inside stores. Authorities said the ... Read more »

Police Association asks public to ‘stop filming and start helping' when officers are attacked

The National Police Association is calling on bystanders to step in and help if they see an officer being assaulted rather than filming on mobile phones “in the pursuit of ... Read more »

Drugs-on-cruise: No evidence barring accused's own statement, court says in bail order

A special court here has said while granting bail to an accused in the drugs-on-cruise case that there was no apparent evidence that he was a peddler and had supplied ... Read more »

One lakh Assam government employees to fan out for Covid vaccination completion campaign

One lakh Assam government employees to fan out for Covid Vaccination Completion Campaign which will be undertaken from November 29 to December 5. During this period ministers, MPs and MLAs ... Read more »

'Nowhere near good enough!' Russell Martin slams Swansea City players

Russell Martin slammed Swansea City’s lack of intensity as they were beaten 3-2 by Reading at the Swansea.com Stadium. The Swans twice conceded shortly after scoring as they suffered what ... Read more »

Jack Ross hails Kevin Nisbet and Jamie Murphy as duo end Hibs' losing streak

The duo struck twice in the final seven minutes at McDiarmid Park to turn the game around after Liam Gordon’s first-half opener for the hosts. © Jack Ross celebrates Hibs’ ... Read more »

Manchester United travelling squad vs Chelsea includes Fred

Manchester United will have Fred available to play a part against Chelsea on Sunday amid injury concerns over the Brazilian. The United squad convened at Manchester Airport on Saturday afternoon ... Read more »

Robbie Neilson provides Beni Baningime injury update after St Mirren win

The midfielder was replaced by Peter Haring in the 86th minute with a knee complaint after a long stoppage. © Hearts manager Robbie Neilson. (Photo by Ross Parker / SNS ... Read more »

PSG consider releasing Pochettino to Manchester United at end of season

Paris Saint-Germain have no intention of letting Mauricio Pochettino leave for Manchester United halfway through the season, but they are open to negotiations when 2021-22 comes to a close. The ... Read more »

Cyber Monday adjustable dumbbells deals: Dumbbells in stock & available now

The latest Cyber Monday adjustable dumbbell deals are a great way to stay fit and healthy. Ordinarily, when it comes to buying your own weights it can often be a ... Read more »

Diogo Jota sparks Liverpool's rout of Southampton with first-half double

A gust of glorious off-the-ball movement hurricaned through Southampton as Liverpool once showcased the art of their firepower in a victory to strengthen their title credentials. © Liverpool FC via ... Read more »

Diogo Jota had to withdraw from FIFA 22 tournament before scoring brace v Southampton

Diogo Jota certainly enjoyed his Saturday afternoon at Anfield. © GiveMeSport Diogo Jota in action vs Liverpool The Portuguese forward grabbed a first half brace in Liverpool‘s resounding 4-0 victory ... Read more »

GHCL Ltd to invest Rs 500 cr in Tamil Nadu; signs MoU with government

© Provided by Zee Business Leading chemical and textile company GHCL Ltd would invest Rs 500 crore in Tamil Nadu and a memorandum of understanding was signed with the government ... Read more »

AGP undecided on alliance with BJP for civic polls

© Provided by The Times of India GUWAHATI: The Asom Gana Parishad (AGP) is undecided on whether to go solo or tie up with the BJP for the municipal election ... Read more »

Protesters block roads in Serbia over lithium mining project

© Andrej ISAKOVIC Hundreds of environmental demonstrators block a main highway in Belgrade on Saturday Hundreds of environmental protesters blocked roads in Belgrade and other Serbian towns on Saturday, angered ... Read more »

Only 32% of pollution-related complaints resolved in Noida, Ghaziabad

© Provided by Hindustan Times Billows of smoke from a factory’s chimney at Bulandshahr Road Industrial Area in India on Saturday. (Sakib Ali/HT photo) Authorities responsible for managing the pollution ... Read more »

Jake Gyllenhaal, Lin Manuel Miranda & others pay tributes to late Broadway composer Stephen Sondheim

© Provided by Pinkvilla As Broadway’s Stephen Sondheim passed away, Hollywood celebrities paid him their heartfelt tributes. For those unversed, Sondheim passed away at the age of 91. His lawyer F. ... Read more »

India's Best Dance 2, November 27, 2021, Written Update: Neelam Kothari and Chunky Panday arrive

© Provided by Pinkvilla As the episode starts, the guest judges of the night, Neelam Kothari and Chunky Panday make their way to the stage and take their place alongside ... Read more »

Right-wing group wins Delhi Univ teachers' body polls after 24 years

© Provided by Hindustan Times NDTF last won the presidential post in 1997. (HT Archive) New Delhi: The right-wing teachers’ group, National Democratic Teachers’ Front (NDTF), won the Delhi University Teachers’ Association ... Read more »

Shahid Kapoor surprises fans by singing two songs from his upcoming 'Jersey'

© Provided by Zee News New Delhi: With ‘Jersey’ trailer breaking the internet, Shahid Kapoor’s fans are waiting to watch their favourite star back on the big screen! On Saturday, ... Read more »

'Only Mistake Axar Patel Made Today Was...': Jaffer Points Out a Major Error, Spinner Gives Clarification

© Provided by News18 ‘Only Mistake Axar Patel Made Today Was…’: Jaffer Points Out a Major Error, Spinner Gives Clarification The third day of the ongoing Kanpur Test between India ... Read more »

Mahanadi Coalfields to set up 50-MW solar plant in Odisha

© Provided by Zee Business Mahanadi Coalfields Ltd (MCL) will set up a 50-megawatt solar power plant in Odisha’s Sambalpur district at a cost of Rs 301.92 crore as part ... Read more »

Abu Dhabi T10 League: Moeen Ali-Kennar Lewis magic gives Warriors their second win as they chase down 146

© Provided by Zee News Abu Dhabi: Northern Warriors bounced back in style to register their second win as they attained 146 run target to win the first contest on ... Read more »

Vishal Dadlani reveals Aishwarya Rai Bachchan's humble gesture of serving food to 30 people

© Provided by Pinkvilla The upcoming episode of the singing reality TV show, Sa Re Ga Ma Pa will be graced by actors Abhishek Bachchan and Chitrangada Singh. The duo ... Read more »

Citroen India launches ‘Service Promise' after-sales program

© Jay Shah Citroen India launches ‘Service Promise’ after-sales program – Guaranteed 180-minute roadside assistance – Complimentary pick-up and drop facility  Citroen India has initiated a new after-sales program for ... Read more »

Liverpool bleibt Leader Chelsea auf den Fersen

© KEYSTONE/EPA/PETER POWELL Der FC Liverpool scheint sich von der Niederlage bei West Ham endgültig erholt zu haben. Nach dem 4:0 gegen Arsenal besiegen die Reds in der Meisterschaft zuhause ... Read more »

Arsenal vermiest Howe-Debüt: Kalte Dusche für neuen Newcastle-Trainer

© Bereitgestellt von Blick LONDON, ENGLAND – NOVEMBER 27: Eddie Howe, Manager of Newcastle United reacts during the Premier League match between Arsenal and Newcastle United at Emirates Stadium on ... Read more »

Police arrest at least 30 Extinction Rebellion activists over Amazon warehouse blockades

Police officers are pictured beside an Extinction Rebellion (XR) protest outside an Amazon warehouse in Tilbury, Essex, on 26 November, 2021. (AFP via Getty Images) At least 30 Extinction Rebellion ... Read more »

Married At First Sight Australia's season 9 axes homophobic contestant

Married At First Sight Australia has confirmed that it's axed a contestant from the upcoming ninth season after videos of misogynistic and homophobic comments were brought to the show's attention. ... Read more »

In a Picture-Postcard New York Town, Racist Incidents Rattle Schools

Pittsford, N.Y., which sits alongside the Erie Canal, is a wealthy Rochester suburb where the school system is grappling with a series of racist incidents. (Malik Rainey/The New York Times) ... Read more »
On free-english-test.com you will find lots of free English exam practice materials to help you improve your English skills: grammar, listening, reading, writing, ielts, toeic