Short answer: Yes. WhatsApp chats, emails and other electronic records can be used as evidence in a Singapore court under the Evidence Act 1893. Your company still has to show the messages are authentic, deal with any hearsay objection and produce reliable copies. Keep the original device or account, export full chats and preserve metadata.
Most business disputes now turn on messages rather than signed paper: a delivery date promised on WhatsApp, a variation approved by email. The question in court is whether your company can prove them. This guide explains how WhatsApp messages as evidence are treated in a Singapore court: the Evidence Act rules on electronic records, the presumptions that help prove authenticity, hearsay and business records, why screenshots can be challenged, and what your company should keep. Whether a chat formed a contract in the first place is covered in our guide on whether a verbal agreement is binding in Singapore.
Key facts at a glance
- An “electronic record” is a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system (Evidence Act 1893, section 3(1)).
- A court presumes an electronic record is authentic if it was generated, recorded or stored by a party adverse in interest to the party relying on it, unless evidence to the contrary is adduced (section 116A(3)).
- A copy of a document in electronic form is primary evidence if it is shown to reflect that document accurately (section 64, Explanation 3).
- Records kept in the ordinary course of business can be admitted as an exception to the hearsay rule (section 32(1)(b)), but the court may exclude them if admitting them would not be in the interests of justice (section 32(3)).
- Under Order 11 of the Rules of Court 2021, a party may not rely on a document it did not exchange or produce (Rule 2(5)), and inspection of an original must take place within 14 days after a request unless the parties agree otherwise (Rule 12(2)).
- Destroying a document or electronic record to prevent its production as evidence is an offence punishable by up to 2 years’ imprisonment, a fine, or both (Penal Code 1871, section 204).
Raffles Corporate Services works with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice. This article is general information only and is not legal advice.
Can you use WhatsApp messages as evidence in a Singapore court?
Yes. The Evidence Act 1893 treats electronic records as documents that can be proved in court, and there is no rule that excludes a message simply because it was sent on WhatsApp, Telegram, WeChat, SMS or email.
The Act defines “evidence” to include all documents produced for the inspection of the court, and an “electronic record” as a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or transmitted from one information system to another (section 3(1)). Chats, emails, voice notes and accounting entries all fit.
Admissibility is only the first hurdle. The other side will ask whether the message is authentic, whether it is hearsay, and whether the copy before the court is reliable.
Parts 1, 2 and 3 of the Evidence Act apply to court proceedings but not to proceedings before an arbitrator (section 2(1)), although the practical points below still matter in arbitration.
What is the legal basis for using electronic evidence?
The rules sit mainly in the Evidence Act 1893, with production of documents in civil claims governed by Order 11 of the Rules of Court 2021.
| Provision | What it does | Why it matters for messages |
|---|---|---|
| Sections 17, 18 and 21 | Statements by a party or its authorised agent are admissions, which may be proved against the maker | The other side’s own messages can be used against it |
| Section 32(1)(b), (3), (4) and (5) | Business records and statements made in the ordinary course of business are admissible as hearsay exceptions, subject to the interests of justice, notice requirements in the Rules of Court and the court’s assessment of weight | Helps with internal records, logs and system-generated messages |
| Sections 63 to 67 | Documents are proved by primary evidence, with secondary evidence allowed only in listed cases | Decides when a screenshot or printout is good enough |
| Section 116A | Presumptions that electronic records were accurately produced and are authentic in certain situations | The main tool for proving that messages are genuine |
| Section 116, illustration (g) | The court may presume that evidence which could be and is not produced would be unfavourable to the party withholding it | The risk of deleting or not producing messages |
| Rules of Court 2021, Order 11 | Exchange and production of documents, including known adverse documents, sanctions and inspection of originals | Your company must be able to find and produce the messages |
How do you prove a WhatsApp message or email is authentic?
By showing where it came from and that it has not been changed. Section 116A of the Evidence Act gives three presumptions that help, and the matters needed to rely on them can be established by affidavit (section 116A(7)).
The presumptions in section 116A work like this:
- Reliable device or process (section 116A(1)). If a device or process is one that, if properly used, ordinarily produces or accurately communicates an electronic record, the court presumes it did so on the occasion in question, unless evidence sufficient to raise doubt is adduced. A mainstream messaging app or email system on a working phone or server is the typical example.
- Neutral third party (section 116A(2)). A record generated, recorded or stored in the usual and ordinary course of business by a non-party, and not under the control of the party relying on it, is presumed authentic unless evidence to the contrary is adduced. Bank statements and a courier’s tracking records are common examples.
- Adverse party’s own record (section 116A(3)). If the record was generated, recorded or stored by a party adverse in interest to the party relying on it, the court presumes it is authentic on issues about its generation, recording or storage, unless evidence to the contrary is adduced. Messages sent from the other side’s phone or email account fall here.
These are presumptions, not guarantees. If the other side says a message was edited or sent by someone else, your company may need the phone itself, the full export, email headers or, in a serious dispute, a forensic examiner.
Are screenshots enough?
Often, but not always. Documents must be proved by primary evidence except where the Act allows secondary evidence (section 66). A copy of a document in the form of an electronic record is primary evidence if it is shown to reflect that document accurately (section 64, Explanation 3).
A screenshot is a copy. If the other side accepts it, there is usually no difficulty. If authenticity is disputed, your company should be able to show the original chat on the device or account, or a full export that matches it. The other party may ask to inspect the original of any document produced, and the inspection must take place within 14 days after the request unless the parties agree otherwise (Order 11, Rule 12(2)). A cropped screenshot of two messages, with the rest of the conversation deleted, invites the argument that the context has been hidden.
Secondary evidence is allowed in limited cases, for example where the other party holds the original and fails to produce it after notice, or the original was lost without the relying party’s default (section 67(1)(a) and (c)).
Is a WhatsApp message hearsay?
It depends on who wrote it and what it is used to prove. The other side’s own messages are usually admissions, which can be proved against it; messages written by people who will not give evidence may be hearsay and need an exception.
An admission is a statement, oral or documentary, which suggests an inference as to any fact in issue or relevant fact (section 17(1)). Statements made by a party, or by an agent the court regards as expressly or impliedly authorised to make them, are admissions (section 18(1)), and admissions may be proved against the person who made them (section 21). So a WhatsApp message from the customer’s director saying “we will pay the balance next week” can be used against the customer company.
The position is different when your company wants to rely on its own staff’s messages or on statements by outsiders who will not testify. Section 32(1)(b) admits statements made in the ordinary course of a trade, business, profession or other occupation, including entries in books kept in the ordinary course of business and documents forming part of a business’s records. Three safeguards apply:
- The court may refuse to treat the statement as relevant if that would not be in the interests of justice (section 32(3)).
- The party relying on it must comply with the notice requirements and conditions in the Rules of Court (section 32(4)(b)), unless the parties agree under section 32(1)(k).
- Even if admitted, the court decides how much weight to give the statement (section 32(5)).
The simplest way to avoid a hearsay fight is to call the person who sent or received the message as a witness.
How should your company preserve and export messages, step by step?
Keep the original source, make a complete unedited copy, and record how it was made, as soon as a dispute looks likely.
- Identify every relevant source: company and personal phones used for business, email accounts, shared mailboxes, messaging groups, cloud drives and accounting systems.
- Stop auto-deletion. Turn off disappearing messages and email purge rules for the people involved, and tell them not to delete, edit or “tidy up” anything.
- Keep the device. Do not reset, trade in or replace a phone that holds key chats until the messages are exported and your solicitor agrees.
- Export full conversations, with media, using the app’s own export function, and keep the exported file unchanged. Take screenshots as well if useful, but scroll so that dates, sender names and surrounding messages are visible.
- Save emails in their native format, or export the mailbox, so that headers showing sender, recipient, date and routing are kept. Printing to PDF alone loses this information.
- Note for each export who made it, from which device or account, on what date and how.
- Store the copies in a restricted folder, index them by custodian and date, and hand the index to your solicitor.
Your company may have to hand over messages that hurt its case. The court may order each party to exchange the documents it relies on and all known adverse documents (Order 11, Rule 2(1)), and internal email, SMS and instant messages are excluded from production only if they are not known adverse documents and it is not a special case (Rule 5(2)). If a requested document is no longer held, the court may order an affidavit explaining what became of it (Rule 3(2)), and non-compliance can lead to the defence being struck out, an adverse inference or contempt (Rule 7). The wider duty to preserve documents is explained in our guide to a litigation hold in Singapore, and production requests in our guide to production of documents under Order 11.
What records should your company keep, and in what form?
Keep the record in the form in which it was created, with the information that shows who made it and when.
| Type of record | Keep | Common weakness |
|---|---|---|
| WhatsApp, Telegram, WeChat or SMS chats | The device, a full export with media, and the sender’s phone number and contact name | Cropped screenshots; messages deleted for everyone; phones changed without backup |
| Emails | Native files or mailbox export with headers and attachments | Forwarded copies only; PDF prints without headers |
| Accounting and invoicing records | System records, audit trail and bank statements | Spreadsheets edited after the dispute began |
| E-signed contracts | Signed PDF with the platform’s completion certificate or audit log | Signed PDF without the audit trail |
Companies must already keep accounting and other records that sufficiently explain their transactions for at least 5 years from the end of the financial year in which the transactions are completed (Companies Act 1967, section 199(1) and (2)); see how long you must keep accounting records. For signing practice, our guide to digital signatures and e-signatures covers audit trails.
How long does it take, and what drives the cost?
The Rules fix some time limits once a case is under way; the rest depends on how organised your records are. We do not quote solicitors’ or forensic fees here.
| Stage | Timing | Main cost drivers |
|---|---|---|
| Preserving and exporting messages | As soon as a dispute is likely; no rule fixes this | Number of people, devices and accounts involved |
| Exchange of documents relied on and known adverse documents | Within 14 days after the case conference, if ordered (Order 11, Rule 2(1)) | Volume of chats and emails; solicitor review time |
| Producing documents found later | Within 14 days after they come into the company’s possession or control (Order 11, Rule 6) | How thorough the first collection was |
| Inspection of originals | Within 14 days after a request, unless agreed otherwise (Order 11, Rule 12(2)) | Whether the original phone or account still exists |
| Disputed authenticity | As directed by the court | Forensic examination, expert reports and witness time |
Assumptions: a civil claim under the Rules of Court 2021; the court may give different directions. Ask your solicitor for a written estimate before any forensic work.
What does the company secretary prepare, and what does the solicitor do?
Your company secretary or corporate service provider (CSP) organises the company’s records; a Singapore Advocate and Solicitor advises on admissibility, prepares the affidavits and conducts the proceedings. Court proceedings are conducted by a Singapore Advocate and Solicitor, never by a CSP.
| Company secretary or CSP | Singapore Advocate and Solicitor |
|---|---|
| Directors’ resolution authorising the claim or defence and appointing the law firm | Advice on authenticity, hearsay, privilege and which messages to rely on |
| Extracts of minutes, registers, resolutions and ACRA records | Lists of documents, production and inspection under Order 11 |
| Ledgers, invoices and bank statements exported from the accounting system | Affidavits of evidence in chief exhibiting the messages |
| Index of exported chats and emails by custodian and date | Instructing a forensic expert if authenticity is disputed, and court hearings |
Raffles Corporate Services does not give legal advice or act in court; a law firm from our panel handles any proceedings. If the other side is already disputing what your messages say, speak to a lawyer before you collect or hand over anything.
What are the common mistakes with electronic evidence?
Most come from treating a screenshot as the record.
- Keeping only selected screenshots and deleting the rest of the conversation.
- Changing or resetting phones without backing up business chats.
- Editing spreadsheets or notes after the dispute starts, which changes metadata and invites questions about authenticity.
- Assuming a staff member’s chat can be used without that person being available to give evidence.
Section 204 of the Penal Code 1871 makes it an offence to secrete or destroy a document or electronic record that a person may be lawfully compelled to produce as evidence, with intent to prevent its production. For practical record-keeping checklists, see our free tools.
Frequently asked questions
Can a screenshot of a WhatsApp chat be used in a Singapore court?
Yes, and it is often accepted. If the other side disputes it, your company should be able to produce the original chat on the device or a full export. An electronic copy shown to reflect the original accurately is primary evidence (Evidence Act 1893, section 64, Explanation 3).
Do we need a forensic expert to prove our messages?
Usually not. Section 116A presumes authenticity in several common situations, including records created by the opposing party. Forensic evidence is generally needed only where alleged editing or fabrication is seriously raised.
What if the messages are on an employee’s personal phone?
Ask the employee to preserve and export the business chats as soon as a dispute is likely. Order 11 refers to documents in a party’s possession or control, so your solicitor will advise whether these messages must be produced.
Can we delete old chats once the dispute is over?
Only once your solicitor confirms the matter, including any appeal, has ended, and subject to statutory retention periods.
Need help with this?
Raffles Corporate Services can handle the ACRA filings, compliance documentation and records for you, and where court proceedings or legal advice are needed, we work with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice.
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Last reviewed: 6 November 2026. The Editorial Team, Raffles Corporate Services.