Whatsapp chat

Ravichandra (Querist) 08 October 2021 This query is : Resolved
Respected All,

1) Can whatsapp conversations be used as proof in Negotiable instruments act and money recovery acts. Will they be useful ?

2) If so, how to use them..Can we take screenshot of them and produce before court ?

Please help point by point.

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Quick Summary

This discussion explores the admissibility of WhatsApp conversations as evidence in Indian courts, particularly concerning the Negotiable Instruments Act and Money Recovery Acts. While some earlier viewpoints suggested admissibility with proper certification, recent Supreme Court rulings indicate that WhatsApp messages may not hold significant evidentiary value. The consensus leans towards caution, suggesting that such messages are akin to general conversations and not legally binding agreements, though the legal landscape for electronic evidence continues to evolve.

kavksatyanarayana (Expert) 08 October 2021
To know the information point to point you can engage an advocate of your area.

Ravichandra (Querist) 08 October 2021
You know the answer? If so please tell.

kavksatyanarayana (Expert) 08 October 2021
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.

Ravichandra (Querist) 08 October 2021
The sender of the message should have had the intention of sending the messages.

Sir i did not understand meaning of above. Please explain kindly

Dr J C Vashista (Expert) 09 October 2021
About a month back Supreme Court has declined to accept Whats app messages in evidence.

Ravichandra (Querist) 09 October 2021
@Dr J C Vashista Sir

One doubt.... I am new this kind of subjects and discussions..

These days, if someone posts some wrong content in facebook etc , Police people logging complaints/FIR's.....same with Whatsapp ..when police people can log complaints on basis of whatsapp and facebook conversations,

why cant we use them as evidence before court.

Lets say one person has to give me money, I have that whatsapp conversation. why cant it be served as evidence before court ?

Please help.

Shubham Bhardwaj (Expert) 16 October 2021
Dear Mr Sajja,
I am in agreement with learned expert Sh Vashista G. Although there are judgment on both sides of the preposition however Hon'ble Supreme Court has recently stated that Whatsapp message has no evidentiary value and as per Article 141 law declared by the SC is binding on all courts in India. Even the obiter-dicta of the Hon'ble SC is binding on all courts except the Supreme Court itself. But in coming times we may see lot of litigation on this point as it will be a burning issue in corporate litigation especially white collar crimes.

Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh.

Disclaimer:- Opinion is only for guidance.

K Rajasekharan (Expert) 16 October 2021
WhatsApp is an electronic forum. So long as electronic evidence is treated as evidence under the law, WhatsApp messages can also be used as evidence in court with necessary certificate, the 65B certificate, required under Indian Evidence Act. This is what one can assume from many decisions of the Supreme Court in regard to electronic evidence.

But WhatsApp messages cannot be treated as equivalent to contractual obligations or to prove obligations under negotiable instruments as the messages are just like conversations and not legally valid agreements. This distinction is what the Supreme Court have made recently.

Sudhir Kumar, Advocate (Expert) 12 February 2023
It may be better if you could keep all facts regarding NI Act matter in one thread.

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