Mobile no and admissibility of whatsapp screenshot
Querist :
Anonymous
(Querist) 14 March 2022
This query is : Resolved
Dear sir,
Greetings of the day. I am facing a criminal trial. My query is related to WhatsApp screenshot. The person who has set criminal law in motion was once very close to me. I gave her my own number (SIM) for usage. She had access to my other number and phone too.
Now the problem is she has created vulgar chats from that number and exchange messages on my other number and tried to show that it was me who was sending those messages on WhatsApp. Technically speaking both Number(sender and receiver) belonged to me and a few vulgar messages were exchanged. My query is basically related to the fact that will the court accept such piece of screenshot as evidence where sender and receiver are same person because the SIM belonged to me only.
Please help me and give your valuable reply my liberty is at stake I have been deceived by my close associate.
K Rajasekharan
(Expert) 14 March 2022
Having any sex chat or sending any explicit material with sexual intention is not at all an offence, if the recipient is a willing person and he/she does not find it offensive.
Therefore, a chat initiated from your mobile to another number of you, does not subject you to any criminal complaint at all, normally.
If the lady has any other version in regard to the ownership of the number other than what you say here, that has to be examined to say a definite answer.
Querist :
Anonymous
(Querist) 14 March 2022
Thanks Rajshekhran sir for your reply.
Actually I was not aware of these messages. They are stored in form of screenshot. I have been informed that these messages are 6-7 years old.
Both SIMs were owned by me during the relevant time. My query is that will such messages have impact on my case? These messages are partly deleted also
P. Venu
(Expert) 15 March 2022
The query suggests no legal elements, at present. If at all the other person takes offence, any suggestion depends upon the allegation raised by that person. In the absence of any such allegations any suggestions, at this stage, would be purely speculative.
Dr J C Vashista
(Expert) 16 March 2022
There is no legal issue involved in the query for consideration and obligation of experts on this platform.
Querist :
Anonymous
(Querist) 17 March 2022
Thanks Mr. P. Venu and Dr. Vashishth. Actually my only question was: will the court admit the evidence where both SIM sender/receiver is of accused itself.
P. Venu
(Expert) 17 March 2022
Any suggestion depends upon the contents of the FIR/final report/complaint, charge as framed by the court etc.
Dr J C Vashista
(Expert) 18 March 2022
The court will not admit the evidence where both SIM sender/receiver is of accused itself.
Querist :
Anonymous
(Querist) 18 March 2022
Thanks a lot Dr. Vashishth.
