The Delhi High Court has reiterated that WhatsApp conversations cannot be admitted as evidence in court without the necessary certification as required under Section 65B of the Indian Evidence Act, 1872. This section mandates that for any electronic record to be deemed admissible, it must be accompanied by a certificate that verifies its authenticity and integrity.
Key Points:
- Legal Requirement:
- Section 65B(4) of the Indian Evidence Act requires a certificate that details the manner in which the electronic evidence was produced, ensuring that the data was maintained in a secure and reliable manner throughout its handling. This certificate is essential to authenticate the electronic record and establish its admissibility in court.
- Judicial Precedents:
- The necessity of this certificate has been upheld in various landmark judgments, including Anvar P.V. v. P.K. Basheer and Shafhi Mohammad v. State of Himachal Pradesh. The Supreme Court clarified that without this certificate, electronic records such as WhatsApp messages cannot be treated as evidence, emphasizing the need for stringent adherence to the procedural requirements to ensure the reliability of digital evidence.
- Implications for Legal Proceedings:
- This ruling underscores the importance of proper procedural compliance in presenting electronic evidence. Legal practitioners must ensure that they obtain and present the requisite certification to avoid the exclusion of crucial evidence. This decision aims to maintain the integrity of digital evidence and prevent potential tampering or misuse.
- Practical Challenges:
- While the requirement for a certificate is clear, obtaining it can be challenging, especially when the electronic device is not readily accessible. The judiciary has acknowledged these difficulties but maintains that the procedural safeguards are necessary to uphold the standards of evidence in legal proceedings.
Conclusion:
The Delhi High Court’s stance on the admissibility of WhatsApp conversations as evidence highlights the critical role of procedural compliance in the digital age. By insisting on the certification required under Section 65B, the court aims to ensure that only reliable and authentic electronic records are used in judicial processes, thereby protecting the integrity of legal proceedings.