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Checking relevance for Priti Agarwalla VS State of GNCT of Delhi...

Priti Agarwalla VS State of GNCT of Delhi - 2024 5 Supreme 76 : Messages sent on WhatsApp cannot be said to be an act of intentional insult or intimidation or an intent to humiliate in public place within public view. Therefore, even if the allegations set out by the complainant with respect to the WhatsApp messages and words uttered are accepted on their face, no offence is made out under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegations on the face of the FIR do not hence establish the commission of the offences alleged.Checking relevance for Subramanian Swamy VS Union of India, Ministry of Law...

Checking relevance for RAGINI DWIVEDI @ GINI @ RAGS VS STATE OF KARNATAKA...

Checking relevance for Jude Lobo VS State, NCT Of Delhi...

Checking relevance for Shri Babuji Rawji Shah VS S. Hussain Zaidi...

Checking relevance for Manual S/o Boban VS State of Kerala...

Manual S/o Boban VS State of Kerala - 2022 0 Supreme(Ker) 113 : The court held that merely being the Creator or Administrator of a WhatsApp group is not sufficient to establish criminal liability for offensive content posted by a group member. The Administrator has no control over the content posted by members and cannot moderate or censor messages. Therefore, the mere fact that a person is the administrator of a WhatsApp group, without more, does not make them criminally liable for messages posted by others in the group. This principle applies even when the accused is a co-accused solely in their capacity as the group''''s creator or administrator.Checking relevance for Sachin vs State of Himachal Pradesh...

Checking relevance for Pankaj Kumar vs State of Himachal Pradesh...

Checking relevance for Yash Jayeshbhai Champaklal Shah VS State of Gujarat...

Yash Jayeshbhai Champaklal Shah VS State of Gujarat - Crimes (2022) : The legal document explicitly states that ''''mere contacts with the co-accused who were found in possession cannot be treated to be a corroborative material in absence of substantive material found against the accused'''' and further clarifies that ''''screenshot of one of the whatsapp chat in between the co-accused shown to the Court, there is hardly anything which connects the applicant with the present offence or even asserting that he ordered for the same which were to be delivered by the accused found in possession of contraband.'''' It also notes that ''''in absence of any other material, which is still to be retrieved from the devices of the mobile phone and information thereon which is still awaited, said material cannot be considered to be a sufficient material to establish any live link with the co-accused who were found in the possession of contraband.'''' This directly supports the user''''s query that ''''only watts app forwarded chat is not sufficient to frame charge,'''' confirming that WhatsApp chat alone, especially when deleted and without substantive corroborative evidence, is insufficient to establish a live link or frame a charge.Checking relevance for Sushmita Lalchand Yadav VS State of Maharashtra...

Sushmita Lalchand Yadav VS State of Maharashtra - Bombay (2024) : The court held that mere WhatsApp chat messages between the accused and the deceased, even if they indicate the deceased was depressed, are not sufficient to sustain a charge under Section 306 IPC for abetment of suicide. The WhatsApp conversations showed the deceased sought comfort from the accused, not threats or instigation, and there was no evidence of harassment, mental torture, or encouragement to commit suicide. The court emphasized that for abetment of suicide, clear evidence of instigation or encouragement is required, which was absent here. Therefore, relying solely on WhatsApp chats without corroborating evidence of instigation or threat is insufficient to establish the offense.Checking relevance for Amar Singh VS State of U. P. ...

Amar Singh VS State of U. P. - 2023 0 Supreme(All) 2029 : The court held that merely forwarding a chat message on WhatsApp, without evidence of intent to harm or actual damage to the government''''s reputation, is not sufficient to justify a charge of misconduct leading to dismissal. The inquiry was found inadequate, and the punishment of dismissal was deemed disproportionate, especially given the employee''''s inadvertent action and prompt deletion of the message. The court emphasized that misconduct must be substantiated with specific intent and that the mere forwarding of a message, particularly when deleted quickly and without malicious intent, does not constitute sufficient grounds for severe disciplinary action.

• WhatsApp forwarded chats are not sufficient alone for framing charges or establishing guilt: Multiple sources emphasize that relying solely on WhatsApp chat screenshots, especially when chats are deleted or not seized from the mobile device, is inadequate for evidence. For instance, ["Tejbhan @ Subham vs The State Of Madhya Pradesh - Madhya Pradesh"] notes that only photocopies of WhatsApp screenshots are filed, and no mobile phone has been seized to verify the chats. Similarly, ["VISHAL DILIP PATIL vs THE STATE OF MAHARASHTRA AND ANOTHER - Bombay"] states that the cell phone of the victim was forwarded for forensic examination, implying the importance of digital evidence being properly preserved and examined. The courts highlight that such chats must be corroborated with mobile device data to be admissible and reliable.

• Legal procedures require proper seizure and forensic analysis: Several cases underline that for WhatsApp chats to be considered substantial evidence, the mobile device containing the chats must be seized and examined. ["Tejbhan @ Subham vs The State Of Madhya Pradesh - Madhya Pradesh"] points out that there is nothing on record to show that any mobile phone has also been seized from the maternal uncle of the deceased, indicating that without seizure and forensic verification, chats alone are insufficient.

• Chats obtained after deletion or without proper seizure have limited evidentiary value: When chats are deleted or not properly preserved, their evidentiary value diminishes. ["Radha @ Radhika Bhadoria vs The State Of Madhya Pradesh - Madhya Pradesh"] and ["Radha @ Radhika Bhadoria vs The State Of Madhya Pradesh - Madhya Pradesh"] mention that chats found after deletion or not from seized devices cannot be fully relied upon, and the investigation's completeness is crucial.

• Chats must be corroborated with other evidence for criminal liability: Several sources suggest that WhatsApp chats, especially if they are the sole basis for charges, need to be supported by other evidence such as mobile forensic reports, witness testimonies, or physical seizure of devices. For example, ["AJITSING AMARSING RAJPUT V/s STATE OF GUJARAT - Gujarat"] notes that chat conversations between husband and wife do not necessarily imply criminal instigation, and the gravity of the offense must be considered.

• Legal stance on reliance on forwarded or screenshot evidence: Courts have expressed caution in accepting forwarded or screenshot evidence without proper verification. ["VISHAL DILIP PATIL vs THE STATE OF MAHARASHTRA AND ANOTHER - Bombay"] and ["Tejbhan @ Subham vs The State Of Madhya Pradesh - Madhya Pradesh"] highlight that such evidence, if not supported by the original device data, may not be sufficient for framing charges.

Analysis and Conclusion: The consistent theme across the sources is that forwarded WhatsApp chats alone, especially when not accompanied by proper seizure, forensic analysis, and corroborative evidence, are insufficient to establish criminal charges or guilt. Courts stress the importance of authenticating digital evidence through proper procedures, including seizure of devices and forensic examination, to ensure the evidence's credibility and admissibility. Therefore, relying solely on forwarded WhatsApp chats without these safeguards is generally considered inadequate for proving charges or fame of guilt.