Article 20(3) Protection Against Self-Incrimination

Accessing, sharing, or using another person’s WhatsApp messages without permission can raise serious legal concerns involving privacy, confidentiality, and digital evidence in India. The legality depends on how the messages were obtained, whether access was authorised, the purpose of disclosure, and the circumstances of their use. Unauthorised access may attract provisions of the Information Technology Act, 2000, while the admissibility of WhatsApp chats in court depends on applicable evidence rules, including requirements for electronic records under the Bharatiya Sakshya Adhiniyam, 2023. Courts must balance privacy rights, authenticity of evidence, and the need for a fair judicial process.