Categories: LAW AND ORDER

Delhi High Court Rules WhatsApp Chats Inadmissible Without Evidence Act Certificate

On Tuesday, the Delhi High Court ruled that WhatsApp conversations cannot be admitted as evidence in legal proceedings unless accompanied by a certificate as mandated by the Evidence Act of 1872. This decision arose from a plea by Dell International Services, challenging an order from the State Consumer Dispute Redressal Commission, which upheld the District Commission’s rejection of Dell’s written statement due to late submission.

Case Background:

  • Complainant: Adeel Firoz
  • Defendant: Dell International Services
  • Initial Complaint: Filed with the District Commission in 2022
  • Defense Submission: Dell provided a WhatsApp conversation screenshot with Firoz, claiming the full copy of the complaint and annexures were not received timely. Dell asserted these documents were received by its counsel only on January 31, 2023, just before the filing deadline.

District Commission’s Ruling:

  • Application: Dell sought a seven-day extension for submitting its written statement.
  • Decision: The District Commission rejected Dell’s application, considering it insincere.

State Commission’s Ruling:

  • The State Commission upheld the District Commission’s decision, leading Dell to appeal.

Delhi High Court’s Observations and Decision:

  1. Admissibility of WhatsApp Conversations:
    • The court highlighted that WhatsApp messages cannot be accepted as evidence without the certificate required under the Evidence Act of 1872.
    • It was noted that the WhatsApp screenshot provided by Dell had not been presented before the State Commission.
  2. Written Statement Submission:
    • Dell filed its written statement on January 31, 2023, arguing incomplete document service with the summons.
    • The court found that a complete set of documents had indeed been served with the summons, aligning with the commission’s findings.
  3. Judgment:
    • The court upheld the lower commission’s ruling, dismissing Dell’s petition. The WhatsApp conversation could not be considered as valid evidence within the context of the writ petition under Article 226 of the Constitution of India.

This judgment underscores the importance of adhering to procedural requirements when submitting electronic evidence in legal proceedings.

Case Outcome:

  • Petition: Dell’s petition was dismissed.
  • Rationale: Lack of the mandatory Evidence Act certificate and confirmed document service with the summons.

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Ashutosh Dubey

legal journalist,Public Affair Advisor AND Founding Editor - kanishksocialmedia-BROADCASTING MEDIA PRODUCTION COMPANY,LEGAL PUBLISHER

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