In a notable decision, the Delhi High Court has declared that screenshots of WhatsApp conversations cannot serve as admissible evidence in legal proceedings without a proper certificate in accordance with the Indian Evidence Act. This ruling came during an appeal by Dell India against a district consumer commission’s decision.
Justice Subramonium Prasad, presiding over the case, reiterated that for WhatsApp chats to be considered in court, they must be accompanied by a certificate as required by the Evidence Act of 1872. This certification ensures the authenticity and integrity of digital communications used in legal contexts.
The controversy arose when Dell India sought to overturn a district consumer commission’s order, which had refused to acknowledge their written statement due to a delay. Dell argued that the delay was because they hadn’t received the full complaint and its annexures in time. To support this claim, Dell presented a screenshot of a WhatsApp conversation with the complainant. However, the High Court dismissed this evidence, emphasizing the need for proper certification.
The High Court noted that there was no indication that the WhatsApp conversations had been presented before the State Commission, nor was there any mention of them in the relevant writ petition or the State Commission’s order.
Furthermore, the district commission had thoroughly examined the matter, confirming that Dell had received all necessary documents along with the summons. The commission concluded that Dell’s request to excuse the seven-day delay in filing their written statement lacked bona fide grounds.
Ultimately, the High Court upheld the district commission’s decision, finding no fault in its refusal to condone the delay, thereby dismissing Dell’s petition.
Advocates Pratyush Miglani and Hrithik Yadav represented Dell India in this case.
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