WhatsApp Chats have no Evidentiary Value

Once again, WhatsApp, the intensely popular instant messaging application across countries, finds
itself at the center of a legal whirlwind. 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[1] played a significant part in yet again enlightening us on the
question of evidentiary value of WhatsApp chats/conversations. The complexities arises 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 cancelled by A2Z in the year 2020. As result
of termination of the contract Quippo Infrastructure moved an application to the Calcutta
 High Court for the appointment of arbitration panel in order to resolve the issue arising
of the dispute.
• The Calcutta High Court in Quippo Infrastructure Ltd vs A2Z Infraservices Ltd & Anr [2]
of 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 have agreed to deposit the payments received from South Delhi
Municipal to an Escrow Account.
• The Calcutta High Court relying on the same ordered that the Respondents 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 in 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 are not accompanied by a Certificate under Section
65B of Indian Evidence Act

In the year 2000, the Indian government specifically enacted section 65A of the Evidence Act,
which established certain criteria for the validity of secondary evidence before any court of law.
The government also established the Information Technology Act in the year 2000, thereby
demonstrating the legislature's favorable attitude toward the concept that "according to the
changing requirements and conditions of our world, the legislation regulating it should also
adapt."

[1] A2Z Infraservices Ltd. Versus Quippo Infrastructure Ltd. (Now Known As Viom Infra
Ventures Ltd.) SLP(C) No. 8636/2021

[2] Quippo Infrastructure Ltd.Vs. A2Z Infraservices Ltd & Anr.APO 29 of 2021

Related Posts
WHATSAPP GROUP ADMINS OFF THE HOOK FOR POSTS/COMMENTS BY OTHER
GROUP MEMBERS

‘FORWARDED AS RECEIVED’ WHATSAPP MESSAGE NOT GUILTY OF UNPUBLISHED

PRICE SENSITIVE INFORMATION

For more information, please write to us at: info@ssrana.com