Can WhatsApp Chats Be Admitted As Evidence In Court? Delhi HC Says This...

New Delhi: WhatsApp, the most widely used instant messaging app in India, enjoys immense popularity with users across the globe. Recently, the Delhi High Court ruled that WhatsApp chats cannot be admitted as evidence in court without proper certification. According to the Indian Evidence Act, 1872, any evidence must be accompanied by the necessary certification to be considered valid in court.  

This decision came in a case where Dell International Services Private Limited challenged an order dated December 12, 2023, by the Delhi State Consumer Dispute Redressal Commission.  

A customer filed a complaint against Dell in 2022. Due to the delay in responding to this complaint, the consumer court fined Dell. Dell claimed they did not receive a complete copy of the complaint, which caused the delay in their response. To prove this, Dell presented a screenshot of a WhatsApp chat in court.  

In response to which the judge stated that WhatsApp chats should be presented with the necessary certification under the Indian Evidence Act. 

"Whatsapp conversations cannot be read as evidence without there being a proper certificate as mandated under the Evidence Act, 1872," Bar and Bench quoted the Court.  

The HC added that there was no evidence that this WhatsApp chat had been presented in the consumer court previously. Ultimately, the court concluded that Dell filed their response late and that the WhatsApp chat could not be considered evidence. Therefore, the consumer court's decision was deemed correct, and Dell's petition was dismissed.