In today’s digital age, where much of our communication takes place through electronic platforms, courts across India—and especially in legal hubs like Chandigarh—are increasingly relying on digital evidence in matrimonial disputes. Whether it’s WhatsApp messages, screenshots, emails, or recordings, digital evidence can be critical in proving allegations such as cruelty, adultery, financial abuse, or child custody issues.

This article explores in detail how Chandigarh courts treat WhatsApp, screenshots, emails, and other digital records in matrimonial cases under India’s new criminal law framework, particularly the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaces the Indian Evidence Act, 1872. It also covers admissibility requirements, practical considerations, and the role of family lawyers in Chandigarh, High Court advocates, and matrimonial dispute lawyers in Chandigarh.

Understanding Digital Evidence in Matrimonial Cases

Digital evidence is any information stored or transmitted in digital form that is relevant to a legal proceeding. In matrimonial disputes, digital evidence often includes:

  • WhatsApp and social media chats 
  • Screenshots of messages, posts, or transactions 
  • Emails or attachments 
  • Audio/video recordings 
  • Call logs and contact lists 
  • Location data and photos 
  • Cloud backups (Google Drive, iCloud) 

Such evidence is used to support claims of:

  • Mental or physical cruelty 
  • Infidelity or extramarital affairs 
  • Neglect or abandonment 
  • Harassment or dowry demands 
  • Child custody and welfare concerns 

Legal Framework: Bharatiya Sakshya Adhiniyam, 2023 (BSA)

With effect from 1st July 2025, the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Evidence Act, 1872. The BSA retains and updates key provisions related to electronic records, now more relevant than ever in matrimonial and family disputes.

Relevant Sections in BSA:

  • Section 61 BSA – Admissibility of electronic records 
  • Section 63 BSA – Conditions for admitting digital evidence (replacing 65B of IEA) 
  • Section 2(1)(d) – Defines “electronic record” under the BSA 

Section 63 BSA – Certificate for Electronic Evidence (formerly Section 65B IEA)

This is the cornerstone provision for digital evidence under the new law.

Key elements:

  • Any digital evidence must be accompanied by a certificate of authenticity. 
  • The certificate must include device details, manner of collection, storage, and identity of the person responsible. 
  • Without this certificate, digital records such as screenshots, audio files, WhatsApp messages, etc., will not be admissible unless the original device is produced in court. 

This section applies equally in matrimonial proceedings, including those under the Hindu Marriage Act, Domestic Violence Act, and Section 144 of BNSS (formerly CrPC).

Admissibility of WhatsApp Chats in Chandigarh Courts

WhatsApp chats are a frequent source of evidence in matrimonial cases handled by family advocates in Chandigarh. They are used to show:

  • Verbal abuse or threats 
  • Romantic or inappropriate conversations with third parties 
  • Financial demands or dowry-related chats 
  • Child neglect or parental irresponsibility 

Admissibility Requirements under BSA:

  • Chat logs must be backed up or extracted from the device 
  • A Section 63 BSA certificate must be filed, signed by the person in control of the device or IT system 
  • In cases where the original phone is submitted, the certificate may be waived 

Important Case Law:

  • Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020): The Supreme Court upheld the requirement of a certificate for electronic evidence, a principle now embedded in Section 63 BSA. 

Treatment of Screenshots and Emails

Screenshots:
 Screenshots are considered secondary evidence and must meet the same requirements as other electronic records.

To be admissible:

  • The screenshot must be time-stamped and relevant to the case 
  • It must be supported by a Section 63 BSA certificate 
  • Context should be provided (e.g., full conversation, source of screenshot) 

Emails:
 Emails are used to prove:

  • Financial transactions 
  • Threatening or abusive language 
  • Proof of communication in custody or maintenance matters 

Courts in Chandigarh typically admit emails when:

  • They are printed with headers and full metadata 
  • They are certified under BSA by the email account holder or system administrator 
  • The opposing party does not challenge their authenticity 

Audio and Video Recordings in Matrimonial Cases

Audio recordings (including call recordings or voice notes) and video footage (from mobile or CCTV) are highly persuasive in proving abuse, cruelty, or infidelity.

Admissibility Requirements under BSA:

  • A Section 63 BSA certificate is mandatory 
  • The device used for recording must be clearly identified 
  • Audio must be clear and not edited or manipulated 

Example Use-Cases:

  • Call recordings of threats or harassment 
  • Video clips showing violent conduct or intoxication 
  • Voice notes confirming illegal or immoral behavior 

Use of Digital Evidence in Domestic Violence Proceedings

Under the Protection of Women from Domestic Violence Act, 2005, digital records are frequently submitted to support claims of abuse, neglect, or coercive control.

Common digital exhibits:

  • WhatsApp chats with threats or controlling behavior 
  • Photos showing injuries or damaged property 
  • Screenshots of financial transactions proving economic abuse 

Chandigarh’s Domestic Violence courts have consistently admitted such material when accompanied by certificates under the Bharatiya Sakshya Adhiniyam.

Child Custody Cases and Digital Evidence

In custody disputes, family courts in Chandigarh often rely on digital evidence to determine which parent is better suited to care for the child.

Admissible content includes:

  • Messages indicating disinterest or neglect 
  • Photos and videos showing involvement or parenting capacity 
  • Emails from schools or doctors 
  • Social media posts reflecting lifestyle or conduct 

Digital evidence helps judges assess the best interest of the child, a principle central to custody decisions.

Family Lawyers and High Court Lawyers in Chandigarh: Their Role

Presenting digital evidence under the new legal regime requires careful strategy. Experienced family lawyers in Chandigarh and High Court advocates play an important role in:

  • Identifying relevant digital records 
  • Preserving and formatting evidence 
  • Drafting valid Section 63 BSA certificates 
  • Ensuring admissibility through procedural compliance 

In complex or high-stakes matters, matrimonial dispute lawyers in Chandigarh work with cyber experts and forensic professionals to support their evidence.

Filing and Jurisdiction in Chandigarh Courts

Matrimonial cases involving digital evidence may be filed in:

  • District Family Court, Sector 43, Chandigarh 
  • Chandigarh District Magistrate’s Court (for DV Act or BNSS 125 matters) 
  • Punjab and Haryana High Court (for appeals or writs) 

Filing requirements now include:

  • Proper certification under BSA 
  • Physical or digital storage of evidence 
  • Chain of custody documentation 

Recent Judicial Trends in Chandigarh

Chandigarh courts have increasingly accepted:

  • Digital records from cloud services (e.g., Google Drive, OneDrive) 
  • Printed chats from platforms like Telegram, Signal, WhatsApp 
  • Call logs and screenshots with proper certification 

There is also a growing recognition of cyber-bullying and digital harassment within marriage, especially in cases involving young spouses or tech-savvy individuals.

Privacy and Legality of Obtaining Digital Evidence

Indian courts—including those in Chandigarh—have held that evidence relevant to the case is admissible, even if obtained without consent, as long as it is not illegally intercepted (e.g., hacking).

However:

  • Secret recordings must not violate the right to privacy under Article 21 of the Constitution 
  • Surveillance or tracking must not involve illegal apps or malware 

Legal Tip:
 High Court lawyers in Chandigarh often handle cases involving admissibility disputes, privacy concerns, and writs challenging surveillance.

How to Preserve and Present Digital Evidence Effectively

To present strong digital evidence in matrimonial disputes:

  1. Preserve original files and devices 
  2. Take time-stamped screenshots and backups 
  3. Maintain full conversations—not isolated lines 
  4. Avoid editing, cropping, or deleting content 
  5. Get a valid Section 63 BSA certificate from the source or service provider 
  6. Use cyber-forensic experts if needed 

Importance of Cyber Experts

Cyber forensic professionals are often engaged by matrimonial dispute lawyers in Chandigarh to:

  • Extract deleted WhatsApp messages
  • Recover lost or hidden files
  • Generate 63 BSA-compatible reports
  • Validate timestamps, metadata, and source

The treatment of WhatsApp messages, screenshots, emails, and other digital records in matrimonial cases has become more structured and legally regulated with the implementation of the Bharatiya Sakshya Adhiniyam, 2023. Chandigarh courts have embraced this shift, but strict compliance with procedures—especially Section 63 BSA certification—is now essential.

Whether you’re initiating a divorce, defending a DV Act petition, or fighting for custody, digital evidence can be the difference between success and failure in court. With the guidance of skilled family lawyers in Chandigarh, High Court advocates, and matrimonial dispute lawyers, you can ensure that your evidence is both legally admissible and strategically impactful.

 

FAQs on Digital Evidence in Matrimonial Cases in Chandigarh

  1. Are WhatsApp chats admissible as evidence in Chandigarh courts?
     Yes, WhatsApp chats are admissible provided they are supported by a certificate under Section 63 BSA, or the original device is presented. Family lawyers in Chandigarh can assist in formatting and submitting such evidence correctly.
  2. Can screenshots alone be used to prove cruelty or adultery?
     Screenshots may be used if they are timestamped and relevant, but they must be backed by a valid BSA certificate. Without certification, their evidentiary value may be challenged in court.
  3. What happens if I don’t submit a Section 63 certificate?
     If the certificate is not submitted, your digital evidence may be deemed inadmissible unless the original device is submitted in court. High Court advocates in Chandigarh often handle appeals in such cases.
  4. Are secretly recorded conversations legal and admissible?
     Yes, if they are relevant to the dispute and not acquired through illegal hacking or spyware. Chandigarh courts have admitted such recordings in cases of abuse, threats, or infidelity.
  5. Can High Court lawyers in Chandigarh help if digital evidence is rejected by the trial court?
     Absolutely. You can file an appeal or writ petition before the Punjab and Haryana High Court. High Court lawyers in Chandigarh are experienced in dealing with procedural and constitutional issues related to evidence.