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Narayana sajja ( )     08 October 2021

Whatsapp chat

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 ?



 13 Replies

Adv Praveen Kumari (Advocate)     08 October 2021

Yes screeshot of chat could be as evidence , for detailed query contact on my number.

Narayana sajja ( )     08 October 2021

@adv praveen kumari, where is your number ?

N.K.Assumi (Advocate)     08 October 2021

Any electronic records may be use as evidence, provided the requisite conditions are complied with unde rthe IEA

Narayana sajja ( )     08 October 2021

Sir, Under the IEA means? 

N.K.Assumi (Advocate)     08 October 2021

Indian Evidence  Act..

minakshi bindhani   09 October 2021

As per your concerned query!

The Supreme Court bench comprising of Chief Justice N V Ramana and Justices A S Bopanna and Hrishikesh Roy messages exchanged on social media platforms rm have no evidential value and that the author of such WhatsApp messages cannot be tied to them, especially in business partnerships governed by agreements.

Hope it clarifies the issues!
Regards
Minakshi Bindhani

Narayana sajja ( )     09 October 2021

@minakshi bindhani

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 ?

Ananya Gosain   09 October 2021

Dear Sir,

I would like to mention that realizing the emerging needs in the sector of information technology, the legislature incorporated a special provision in the year 2000 in the form of Section 65A of the Evidence Act which states that “the contents of electronic records may be proved in accordance with the provisions of Section 65B” or basically propounded some of the conditions to admit secondary rules as evidence under Section 65B. 

There are basically four conditions described under section 65B(2) of the Indian evidence act to admit the secondary nature of electronic evidence as evidence in a court of law:

  1. The computer/device from which the concerned information was produced must be used regularly over that period of time and by the person having lawful control over that computer;
  2. The concerned information, during the said period, was of such kind that it is regular and ordinary in such activity;
  3. The computer must be functioning properly during the concerned period; and
  4. The information contained in the duplicate copy which is produced before the court must be the same as it is in the original electronic record. 

These are the conditions that one should fulfil if one is producing the certified copies of WhatsApp chats or producing any ‘electronic evidence’ in the secondary form in the hon’ble court as evidence. One more condition covered under Section 65B(4), on which the Hon’ble Supreme Court has dissenting views over a period of time, but the current stand of the supreme court taken by a 3-judge bench headed by Justice Rohinton Fali Nariman on section 65B(4) is that this condition of producing a certificate is mandatory in order to admit electronic records as evidence.  

According to Section 65B(4), “in order to admit the electronic record as an evidence, it must be accompanied with a certificate signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities stating that the electronic record fulfills the above-mentioned four conditions”.

There are many instances where the High Courts also have considered WhatsApp chats in the court of law as evidence like in Rakesh Kumar Singla v. Union of India, the Punjab and Haryana High Court rely upon WhatsApp chats while granting a bail application in an NDPS case and also held that without any certificate under S. 65B of evidence act WhatsApp chats cannot be treated as evidence. HOWEVER, FORWARDED MESSAGES have no legality.

Hope this helps

Regards

minakshi bindhani   10 October 2021

Hello Sir  @Narayana Sajja

If a person posted any content that brings hatred into society or excites any disaffection into others  Or used any obscene representation against any person or tries to defame any person would constitute an offence and for that, there has been a penal provision.

About WhatsApp chat to continue as admissible evidence that always depends upon the facts and circumstances of a case. And as per section 65B of the Evidence Act, WhatsApp chat is considered secondary evidence. To prove the authenticity of the chat you needed it must be accompanied by a certificate signed by a person occupying a responsible official position about the operation of the relevant device or the management of the relevant activities.

But whenever it comes to an agreement that the Hon'ble Supreme court bench denied to accept the Whatsapp chat that has any evidentiary value

Furthermore, secondary evidence is not a substantive piece of evidence it may corroborate to prove a part of the fact. 

In most cases, the WhatsApp chat either can be deleted or unsend. So there has no proper genuineness to conclude as material evidence.

Hope it is understandable

 

 

 

N.K.Assumi (Advocate)     10 October 2021

The law on this score is very clear, and that is, Parliament does not make law for fun, but with a solemn duty to serve the people, and it enacted the Information and Technology Act 2000 etc and amended various Laws like the Indian Evidence Act etc,  and what  happened with the case of SDMC Vs Quippo and  A2Z infraservices, the Supreme Court  held that whatsapp cannot be relied in the case, which was based on agreement between the parties which was terminated and the matters was referred to the arbitrators but a party went to the High Court and based on certain electronic records like email and whatsapp the High Court directed, to deposit all receivables from South Delhi Municipal Corporation with regards to Master Service Agreement in the escrow account, also subjected to arbitral award by the arbitral tribunal. Against this judgment appeal was preferred before the Supreme Court and the Hon’ble Supreme Court held in this case that the fabricated whatsapp  cannot be considered by the bench, and this should not be taken as a precedent that whatsapp, email or other electronic records are held to be inadmissible by the Apex Court.

Aks   14 October 2021

You are lumping E Mails along with other digital evidence.  Can e mails which show IP address of the person sending them printed and produced as evidence / People who live outside India  communicate by E Mail with Indians living in India and why E Mails should not be allowed as evidence in Indian Courts?

Narayana sajja ( )     15 October 2021

Sir, I did not understand anything from your content

You are lumping E Mails along with other digital evidence.  Can e mails which show IP address of the person sending them printed and produced as evidence / People who live outside India  communicate by E Mail with Indians living in India and why E Mails should not be allowed as evidence in Indian Courts?
 

N.K.Assumi (Advocate)     17 October 2021

Why are you asking me, I didn’t pass the judgment, but by the Supreme Court, if you read the judgment you will get the real fact in issues. You may go through the Judgment of Supreme Court or articles published in a leading News Paper like the Times of India etc. Supreme Court candidly stated the laws that in any agreement between the parties reduced in the form of documents, no other evidence can be given against such existing facts.  It is also to be noted that obiter dicta in a judgment cannot be a precedents. E-mails, whatsapp, phone conversations, cryptographic algorithms  etc,  are all electronic records..


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