WhatsApp has no Evidentiary Value
The Hon’ble Supreme Court of India on July 14, 2021, in A2Z Infraservices Ltd. Versus
Quippo Infrastructure Ltd. (Now Known As Viom Infra Ventures Ltd.) SLP(C) No. 8636/2021
played a significant part in yet again enlightening us on the question of the evidentiary value
of WhatsApp chats/conversations. The complexities arise as only the printouts of the
conversations may be presented in court, the nature of WhatsApp chats is largely secondary.
However, the Indian Evidence Act requires that any "electronic record" be presented in the
main form of evidence or that the document is proven by primary evidence before it may be
admitted as evidence. The Courts have time and again answered the question of whether
WhatsApp Chats have any evidentiary value or not and have emphasized and ruled that
WhatsApp chats cannot be used as evidence without a certificate under Section 65B of the
Evidence Act.
A bench of Hon’ble Mr. Chief Justice N V Ramana and Hon’ble Mr. Justice A S Bopanna
and Hon’ble Mr. Justice Hrishikesh Roy said,
"What is the evidential value of WhatsApp messages these days? Anything can be created and
deleted on social media these days. We don't attach any value to the WhatsApp messages."
"Prima facie we are not satisfied with the HC direction for depositing the money in an
escrow account. We are not considering the purported admission in WhatsApp messages. If it
is not late, then go before the arbitrator and parties would be bound by the arbitrator's
award."
Brief Facts -
In 2016, South Delhi Municipal Corporation and a consortium consisting of the
Respondents and another business entered into the Concession Agreement which
included the collection and transportation of waste items after they had gone through
a waste management process.
In 2017, the Respondents entered into a Master Service Agreement with the appellant
to complete a portion of the project as a subcontractor. The parties and several other
entities, including Axis Bank Limited, entered into another arrangement called the
Escrow agreement in October, 2017. All funds received by the Respondents under the
Concession Agreement would be placed in an Escrow account with Axis Bank
serving as the Escrow Agent under this agreement.
A2Z entered into a separate agreement with Quippo Infrastructure to complete a
portion of the contract work, and it was agreed that the money collected by A2Z
would be placed in an escrow account from which the parties would be paid.
The Master Service contract with Quippo was canceled by A2Z in the year 2020. As a
result of the termination of the contract, Quippo Infrastructure moved an application
to the Calcutta High Court for the appointment of an arbitration panel to resolve the
issue arising from the dispute.
The Calcutta High Court in Quippo Infrastructure Ltd vs A2Z Infraservices Ltd & Anr
relied on the WhatsApp communication dated March 19, 2020, wherein the
respondent A2Z allegedly admitted due payment of INR 8.18 crore to the Quippo
Infrastructure (now Viom Infra ventures). Further, the court also relied upon an e-mail
dated 2018 where the A2Z infrastructure has agreed to deposit the payments received
from South Delhi Municipal to an Escrow Account.
The Calcutta High Court relying on the same ordered the Respondent A2Z
Infraservice to deposit the due payment in an escrow account transparently
overlooking the fact that the A2Z contended that that e-mail/WhatsApp was falsified
and manufactured and therefore should not be considered acceptable in court.
Later Aggrieved by the order of the Calcutta High Court A2Z Infra decided to
challenge the order and moved an application to the Hon’ble Supreme Court. The
Hon’ble Supreme Court of India on July 14, 2021, ruled that the aforementioned
communications on the social media network WhatsApp have no evidentiary value
and that the source of such messages cannot be identified, particularly in commercial
partnerships regulated by agreements.
Conclusion
Despite the modern ubiquity of instant messaging and social media platforms, based on the
discussions on point of law and the cases that are coming before the Hon’ble Supreme Court
of India and several High Courts have reiterated on several occasions that WhatsApp chat
will have no evidentiary value whatsoever if the same is not accompanied by a Certificate
under Section 65B of Indian Evidence Act.
Comments
Post a Comment