Legal Advice

Whatsapp chat can be used as evidence to prove that boyfriend made promise to marriage

Question: My boyfriend does not refuse to marry. He said that he never promised to marry. But I have whatsapp chat and video recordings. We are good friends and he has promised me to marry thereafter, I agreed for a sexual relationship. I was just 15 years old when I first established a sexual relationship with him. He taught me how to do sex and upon his instigation I used to sex with him. He is my relative and stayed in my house for study. My father died in 1987 so my mother got service in the ETU department of Kerala government. In absence of my mother he instigated me to be nude and have sex. We always remained nude the whole day and had sex for three-four times a day. He has sexually exploited me and always played with my emotions. Due to such a ugly association I have very big breasts and look more mature than other girls of my age. Now he has settled in Dubai and is avoiding contact with me. I told my mother but she refused to help me. She is living with her XXX uncle and happy with that illegal relationship. Hence, I have no support to get married with XXXX.

Advise

You can use whatsapp chat as evidence. It is a form of electronic evidence which may be used under the provisions of Section 65B of the Indian Evidence Act. The WhatsApp chat should comply with the Indian Evidence Act, which governs the admissibility of evidence in Indian courts. According to the Act, electronic records, including WhatsApp chats, are admissible as evidence if they fulfil certain conditions laid out in Section 65B.

According to Section 65B of the Indian Evidence Act, any electronic evidence, including WhatsApp chats, must be accompanied by a certificate verifying its authenticity. This certificate can be issued by the person in charge of maintaining the electronic record, such as the person who extracted the chat from a device or a forensic expert.

You should obtain a certificate from the forensic expert by providing your mobile phone. He shall extract the information from your whatsapp account then certify that chats are genuine. 

But it appears from the facts of your case that he has committed rape. As you said, the first time you entered a sexual relationship you were only fifteen years old. Under the Indian Penal Code (IPC), Section 376 deals with the offense of rape. In cases involving a girl under the age of 18, if sexual intercourse occurs without her consent.

Under Section 375 of the Indian Penal Code (IPC), if sexual intercourse is done with a girl who is under 18 years old, it constitutes rape, regardless of whether or not there was consent. This section defines the offense of rape and includes specific provisions regarding sexual intercourse with a minor girl. The law aims to protect minors from sexual exploitation and abuse, and it imposes stringent penalties on offenders. 

Offenders can face imprisonment for a term not less than ten years, which may extend to life imprisonment, along with a fine. It’s crucial to understand that the law does not recognize consent from individuals below the age of consent, which is generally considered to be 18 years old in India.

You should lodge a first information report against that person. As per the facts of your case, you have documentary evidence that sexual intercourse was done on the false promise of marriage. False promise constitutes deception. That man had no intention to marry hence, he gave false promise for marriage. Therefore, it amounts to cheating or deception. In your case you can lodge an FIR under Section 420 & 376 IPC.

It is pertinent to note that he has also committed offence under the Protection of Children from Sexual Offences (POCSO). This act addresses sexual harassment involving teenage girls. Under this act, any form of sexual harassment, including inappropriate physical contact, verbal advances, or any other unwelcome sexual behavior towards a teenage girl, is considered a serious offense. The POCSO Act provides special provisions and stringent penalties for perpetrators who sexually harass teenage girls, aiming to safeguard their rights and protect them from exploitation and abuse.

Shivendra Pratap Singh

Advocate

High Court Lucknow