P26 (BSA) — the provision that replaced Section 65B of the Indian Evidence Act, 1872. As a general matter, when a record is produced from a computer or device rather than the original device being brought to court, the accompanying certificate is expected to describe the device, how the record was produced, and that it accurately reflects the original. The certificate is intended to give the court confidence that the electronic record is genuine and unaltered. If you want the structure of this certificate explained with a worked sample, see our guide to the Section 65B certificate format with an example, and for the practical steps of preparing chat evidence, our walkthrough on how to certify a WhatsApp chat for court in India. Whether any particular record is admitted, and how much weight it carries, is for the court to decide on the facts — so treat the certificate as necessary groundwork rather than a guarantee.

Privacy Limits and Illegally Obtained Evidence

How material is obtained matters, and this is where matrimonial evidence is most fraught. Recording a spouse's calls, accessing their phone or accounts without permission, or capturing private conversations can raise serious privacy concerns, and may engage rights recognised under the law. As a general matter, the treatment of improperly or illegally obtained evidence in India is fact-specific: in some circumstances such material has still been looked at by courts, while in others it has been excluded or given little weight, and the position continues to evolve. The safe takeaway is that you should not assume any covertly recorded call, intercepted message or screenshot taken from someone else's device is automatically usable — and obtaining material unlawfully can itself create exposure. Because this depends heavily on the facts and the current state of the law, this is precisely the kind of decision to put to your advocate before you rely on, or attempt to gather, such material.

P26 (formerly Section 65B of the Indian Evidence Act). Whether a particular chat is admitted, and what weight it carries, depends on the facts, how it was obtained and preserved, and the court's view. This is general information, not legal advice, so confirm the current requirements with your advocate.

Can I record my spouse's phone calls and use them in a divorce case?
This is a sensitive area. Recording a conversation can raise privacy concerns, and how a court treats a recording obtained without consent varies with the circumstances and the law as applied. Some illegally or improperly obtained material may still be looked at, while in other situations it may be excluded or given little weight. Because the position is fact-specific and evolving, do not assume any recording is automatically usable; take advice from your advocate before relying on it.

Do screenshots of WhatsApp need a Section 63 / 65B certificate?
A screenshot is itself an electronic record, and producing it in court generally calls for the same statutory certificate for electronic records as other digital material. A screenshot alone can also be easy to challenge because it is easy to edit, so it is usually stronger to preserve the underlying chat or file, record cryptographic hashes at the point of capture, and keep a clear chain of custody. Your advocate can confirm exactly what the certificate must contain for your matter.

How do I preserve WhatsApp evidence so it is not questioned later?
Capture the original as completely as you can, avoid editing it, and compute cryptographic hashes (such as SHA-256) at the moment of capture so any later change is detectable. Keep a simple log of who handled the file and when, store a read-only copy safely, and generate an integrity certificate that records the hashes and a MATCH or MISMATCH result. e-Dex can hash files and produce that certificate offline on your own Windows machine; it helps with integrity, not with whether the evidence is admitted.

Is this article legal advice on matrimonial disputes?
No. This article is general information about how digital evidence is commonly handled in Indian matrimonial and divorce disputes. It is not legal advice and does not create any advocate-client relationship. Laws change and outcomes depend on the facts of each case, so you should consult a qualified advocate for advice on your specific situation.

Conclusion

Digital material — WhatsApp chats, call recordings, social media and screenshots — is now woven through Indian matrimonial and divorce disputes. Its value depends on integrity: a record that can be shown to be unaltered, properly preserved and accompanied by the certificate the law expects is far harder to dismiss than a lone, editable screenshot. You can build that integrity foundation in minutes, offline, on a single Windows machine with e-Dex — the free Digital Evidence Integrity Suite. Download it free to hash and certify your files. For the rest — admissibility, privacy and how to argue your case — speak to a qualified advocate, because this article is general information and not legal advice.