ARE WHATSAPP CHATS ADMISSIBLE UNDER EVIDENCE ACT?
Whatsapp became the basic need in today’s life people can save themselves and others by the use of Whatsapp and can get destroyed by the same.
The first and foremost point, we should keep in mind is that electronic records are included under the definition of “evidence” under section 3 of the Indian Evidence Act. And it will come under ‘documentary evidence’.
To fulfill the essentials, the idea of including WhatsApp chat as evidence has to touches the parameters of Section 65B (Admissibility of electronic records) of the Indian Evidence Act.
The court took certain decisions to fulfill the conditions of Section 65B of the Indian Evidence Act.
In Ambala Sarabhai Enterprise Ltd. Vs. KS Infraspace LLP Limited and Another[1], the Supreme Court declared that WhatsApp chat can be included as evidence.
The Whatsapp messages which are virtual verbal communications are matters of evidence with regard to their meaning and their contents to be proved during the trial by evidence-in-chief and cross-examination. The e-mails and WhatsApp messages will have to be read and understand accumulatively.
This indicates that WhatsApp chats are part of the evidence.
After that in the case of Rakesh Kumar Singhal vs. Union of India[2], the Punjab and Haryana HC, taken up WhatsApp chat as evidence while deciding the matter of NARCOTICS.
THEN THE QUESTION ARISES FOR FORWARDED WHATSAPP MESSAGES.
The Delhi HC in the case of National Lawyers Campaign for Judicial Transparency and Reforms vs. Union of India[3], forwarded messages in other words who do not have the originality cannot be treated as evidence.
An incident came before the court in respect of serving or summons, where the court considers blue tick on the chat as the service of summons to the party.
Hence, we can sum up by saying that Whatsapp chat is a source of evidence if it fulfills the essentials of Section 65B of the Indian Evidence Act. Because nowadays, every person circulates the majority of the information either by mail or by WhatsApp. And it is requisite to deal with the delicacy for the same.
Read more blogs @ advocatetanwar.com
[1] CIVIL APPEAL NO(s). 9346 OF 2019
[2] CRM-M No.23220 of 2020 (O&M)
[3] WRIT PETITION (C) NO. 191 OF 2019