In the era of advanced technology, we mostly use social networking websites and media platforms for communication. SMS and even calls have become a talk of the past, as platforms like WhatsApp provide options to chat, voice call and video call without even paying a single penny.
However, whenever the conversations are conducted over such online communication platforms, if any dispute arises, what happens? Will these conversations be admissible as evidence in court, regardless of the professional or personal nature of the talks? Let’s take a look at what the law says.
Indian Evidence Act
The Indian Evidence Act under Section 65-B allows electronic evidence as admissible in court if it is accompanied by a certificate as prescribed in the same section. What constitutes an electronic record can be found in different sections of the Information Technology Act and the Indian Evidence Act.
The necessity of a certificate has been time and again raised in terms of electronic evidence as it may so happen that the contents of the evidence are tampered with.
To ensure that the evidence is original, untouched and doesn’t mislead the court, a certificate verifying the authenticity of the contents of the electronic record needs to be presented before the court along with the record for the court to admit it as valid evidence in the trial.
However, is a WhatsApp chat an electronic evidence? Depends.
The Indian Evidence Act generally defines electronic records which doesn’t explicitly mention WhatsApp messages or social media interactions. However, the same can be understood and deciphered by discussing the interpretations made by the court of law.
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Landmark Judgments
Since the much-talked-about Anvar v Baseer case to the Parliament attack case to the present National Lawyers Campaign for Judicial Transparency and Reforms case, the question of the evidentiary value of electronic records has been investigated by the court time and again.
The question of admissibility of WhatsApp messages has also been discussed and presented before several high courts and the apex court of India.
WhatsApp messages are admissible in court as evidence if the following conditions are followed:-
- The recipient has received the message and seen it.
- The telephone to which the message was sent should have been in regular use and shouldn’t be damaged.
- The sender of the message should have had the intention of sending the messages.
The courts have said time and again that since WhatsApp messages are evidences of communication between the parties in a matter and can be considered as evidence and proved in examination-in-chief and cross-examination. However, the level of weightage attached to WhatsApp messages might not be as much as it is for other electronic records.
As per the High Court of Delhi and the bench of Chief Justice of India N.V. Ramana in the Supreme Court, the trend of social media is volatile and anything can be created and deleted online without the thought of repercussions.
Thus, exceptional or high evidentiary value cannot be attached to WhatsApp messages.
Thus, while WhatsApp messages might not be a piece of great evidence to present before the court, you can’t go around saying anything without consequences on WhatsApp. The messages might be not exceptional pieces of evidence but they are considered in a trial, thus, beware.
Image Sources: Google Images
Sources: Legal Service India, iPleaders, News 18 India
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This post is tagged under: evidence, court, admission, whatsapp, whatsapp chats, chats, calls, messages, social media, evidence act, evidence law, court, court of law, supreme court
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