Scribd
Upload
98 views3 pages

SSR Case Evidence

This document discusses the evidentiary value of WhatsApp messages in legal cases. It notes that under Indian law, WhatsApp messages can be considered electronic records and admitted as evidence. However, message screenshots alone may not be sufficient, as they could be doctored. The original messages would need to be retrieved from WhatsApp servers through a court order. While WhatsApp messages may help investigators understand events, they cannot be considered definitive proof due to risks of tampering. The document also discusses the role of media coverage in high-profile cases like Sushant Singh Rajput's and how media trials can prejudice fair judicial processes.

Uploaded by

Lourd Sandesh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
98 views3 pages

SSR Case Evidence

This document discusses the evidentiary value of WhatsApp messages in legal cases. It notes that under Indian law, WhatsApp messages can be considered electronic records and admitted as evidence. However, message screenshots alone may not be sufficient, as they could be doctored. The original messages would need to be retrieved from WhatsApp servers through a court order. While WhatsApp messages may help investigators understand events, they cannot be considered definitive proof due to risks of tampering. The document also discusses the role of media coverage in high-profile cases like Sushant Singh Rajput's and how media trials can prejudice fair judicial processes.

Uploaded by

Lourd Sandesh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Name:Lourd sandesh

Reg no: 18dblbt019


Class: 5th sem LLB
Sushant Singh Rajput case

Sushant Singh Rajput was a well-known actor, who climbed up the ladder of success really fast
from being a TV Actor to a Bollywood actor. Due to unknown reasons, he committed suicide on
14th June, 2020. This brought upon a shock that spread nationwide. This also brought upon
various speculations regarding his suicide. It was when the late actor’s father, K.K. Singh, filed
an FIR against the late actor’s girlfriend Rhea Chakraborty did the media focus grow upon the
accused. As per the FIR he accused Rhea of 16 charges including abetment of suicide, criminal
breach of trust, forgery and charges under provision of the Indian Mental Health Act.
A money laundering case is being investigated by the ED after the case was filed and CBI took
over the case from the Bihar Police

EVIDENTIARY VALUE OF WHATSAPP MESSAGES


It is seen that WhatsApp message screenshots are being circulated on social media by the parties
and friends of the deceased. The only helpful factor here is that it helps the public to get a better
understanding and could be useful to the police. the question is whether the police can use it as
evidence.

Section 65B(1) of the Indian Evidence Act, 1872, states

“ Notwithstanding anything contained in this Act, 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 (hereinafter referred to as the computer output) 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, without further
proof or production of the original, as evidence of any contents of the original or of any fact
stated therein of which direct evidence would be admissible.”
and Section 2(l) of the Information Technology Act defines Computer system as
“a device or collection of devices, including input and output support devices and excluding
calculators which are not programmable and capable of being used in conjunction with external
files which contain computer programmesstorage and retrieval, communication control and other
functions.”

This section clearly includes in its ambit mobile phones too. The Supreme Court of India in 
Ambalal Sarabhai Enterprise Ltd v. KS Infraspace LLP Lt1 has held that the WhatsApp messages
which are virtual verbal communications are matters of evidence with regard to their meaning
and its contents to be proved during trial by evidence-in-chief and cross examination.

A WhatsApp record, the proof is difficult. There is no guarantee that the snapshot is genuine and
not tampered with. Ideally, the original file/text of the message will need to be retrieved from the
server. It is very unlikely that WhatsApp will accede to such a request, unless it is by way of a
court order.
WhatsApp messages over screenshots could be tampered with. The messages in true form can be
retrieved through the server through a court order usually. As these messages were not sent or
were not recorded by any authority upon oath especially before the magistrate, they cannot be
considered as substantive evidence. However, will be used as statements in corroboratory form
of evidence if a contradiction is seen against the person’s testimony. Moreover, the presumption
that the message was voluntarily sent by the deemed sender cannot be conclusive. But the
message having been sent can be. With respect to the case of murder of the Actor. The
whereabouts, the preparation, evasion of the people involved could be traced at the time of
investigation.

EFFECT OF MEDIA TRAIL.


.The media plays a key role in shaping and changing the opinions of society. However, it is
pertinent to look at its professionalism and ethics considering that media trials are often
conducted in various mediums. There have been many cases where the media had taken cases
into its own hands and declared an accused guilty even before the court has given its decision.
The Sushant Singh Rajput case is one of them.
Some infamous cases would have led the court to declare the accused innocent. Two of them are
the Jessica Lal murder case, 2010, and the Bijal Joshi rape case, 2005. Media trials led to
widespread coverage of the guilt of the accused and led to a certain perception about him. It
created hysteria among viewers in high-profile cases, making it nearly impossible for the trial to
result in a fair judgment.

1
civil appeal no(s). 9346 of 2019 (arising out of SLP (Civil) No(s). 23194 of 2019
The Constitution guarantees the right to freedom of expression under Article 19(1), i.e., the right
to hold opinions without any interference and the freedom to seek, receive, impart information,
ideas of any kind regardless of the frontiers, either orally, or in writing, or even in print, or in any
form of art, or through any other media of the person’s choice. This is also subject to special
duties and responsibilities and the rights or reputations of others.
Freedom of the media is the freedom of people as they should be informed of public matters. It
is, thus, needless to emphasise that a free and a healthy press is indispensable to the functioning
of democracy. In a democratic set-up, there has to be active participation of people in all affairs
of their community and the state. It is their right to be kept informed about the current political
social, economic and cultural life as well as burning topics and important issues of the day in
order to enable them to consider forming a broad opinion in which they are being managed,
tackled and administered by the government and their functionaries.
EVIDENTIARY VALUE
There is no doubt that the WhatsApp admin is liable where the messages on the group are
deemed to be relevant evidence. Thw App offers the option of letting only the admin post
messages on the group ehile the other members can only view it and not respond. This avoidsthe
spread of material than can be misleading or false. This is also to ensure that the admin is not a
part of the act played by the members. This can also determine the participation of the admin if
an allegation of conspiracy is thrown against him.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy