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WhatsApp Chats can be admissible in court 📰 News Article
21/06/2025 News: Cyber Privilege: Privacy is a Fundamental Right - But Not Absolute, Says High Court
“WhatsApp chats can be admissible in court even if obtained without consent.”
Does the 'Fruits of the Poisonous Tree' Doctrine Apply in India?
A recent judgment by the Madhya Pradesh High Court has shed new light on this question. As reported in the Times of India, Delhi Edition (20th June 2025), the Court upheld the admissibility of WhatsApp chats accessed from a spouse’s phone without their consent in a matrimonial dispute.
The Court reasoned
“Courts have the liberty to accept any evidence - regardless of its admissibility under the Indian Evidence Act - if it aids in the effective resolution of disputes.”
(Section 14, Family Courts Act)
This reflects a broader legal approach in India: unlike the United States, where the "Fruits of the Poisonous Tree" doctrine typically excludes illegally obtained evidence, Indian courts often focus on relevance and authenticity rather than the method of collection - especially in matters of public justice.
Key Legal Principles Reiterated
Right to Privacy (Article 21) is a fundamental right, but not absolute.
Privacy can be reasonably restricted when it comes into conflict with the right to a fair trial.
Even illegally obtained digital evidence may be admitted if it serves the larger interest of justice.
Implications
This judgment could significantly impact:
Family law and matrimonial litigation
Cyber law and digital forensics
Data privacy and admissibility standards in Indian courts
Key Takeaway for Legal Professionals
When advising clients on cases involving electronic communications or personal data, understand that Indian courts may prioritize judicial truth over procedural technicalities. Evidence that helps uncover the truth may still hold value - even if obtained without consent.
Issued in context with: Cyber Privilege Initiative
Cyber Privilege Ministry of Information & Broadcasting, Government of India Ministry of Defense, Government of India
Ministry of Electronics and Information Technology
@Government of India Government of Telangana Government of Andhra Pradesh Andhra Pradesh Innovation Society APEITA Andhra Pradesh
#CyberLaw #Privacy #EvidenceLaw #FamilyLaw #WhatsAppChats #IndianJudiciary #DigitalEvidence #LegalTech #CorpoTechLegal #CyberForensics #LegalUpdatesIndia #WhatsApp Cyber Privilege WhatsApp Cyber Dost Evidence Ministry of Health and Family Welfare, Government of India Ministry of Education
Over 16 billion passwords have just been leaked online. Yours might be one of them. Dt: 20/06/2025
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Stay alert. Share this message. Protect your digital identity.
This public awareness message is brought to you by us – Protecting Digital Lives.
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