Answer By law4u team
Yes, a WhatsApp chat or email can be used as evidence for money recovery in India, provided they meet the necessary legal criteria under the Indian Evidence Act, 1872 and related laws. In recent years, electronic records, including WhatsApp messages, emails, and other digital communications, have gained acceptance as valid evidence in Indian courts, subject to certain conditions. 1. Legal Framework for Admissibility: Indian Evidence Act, 1872: Under Section 65B of the Indian Evidence Act, electronic records (such as WhatsApp messages or emails) are admissible as evidence, provided the following conditions are met: The electronic record must be authentic. The party seeking to use the electronic record must prove that the document is genuine and not tampered with. A certificate under Section 65B(4) of the Indian Evidence Act is required for the admissibility of electronic records in court. This certificate is issued by someone who is in charge of the computer or system where the records were stored. 2. WhatsApp Chats: WhatsApp chats can be used as evidence for money recovery, especially if the messages show: Acknowledgment of debt: If the debtor acknowledges in the chat that they owe money. Agreement or promise: If there is a written agreement, promise, or understanding regarding repayment. Payment confirmation: If the chat contains details of the transaction or confirmation of payments made. In court, a screenshot of the WhatsApp chat or a printed transcript may be used as evidence. However, it must be supported by the certificate under Section 65B(4) for it to be admissible as evidence. 3. Emails: Emails can also be used as evidence, especially when they contain: Communication of debt or agreement: Any written record of the loan, payment plan, or acknowledgment of debt. Acknowledgment of payment: If the debtor or creditor has communicated payment-related details in an email. Like WhatsApp messages, emails are also considered electronic records and can be presented as evidence, provided the authenticity of the email is proven through Section 65B certification. 4. Challenges in Using WhatsApp and Email as Evidence: Admissibility: The biggest challenge is proving the authenticity and genuineness of the electronic communication. The court may require a certificate from the person who has custody of the data (such as the service provider or the person who controls the system where the messages are stored). Tampering: There is always a risk of messages being tampered with or manipulated. If any doubt arises about the authenticity of the records, the evidence may be rejected. 5. Procedure for Admitting WhatsApp Chats and Emails as Evidence: To use WhatsApp chats or emails as evidence, it is important to follow the correct legal procedure: Print or save the electronic messages or emails. Obtain a certificate under Section 65B of the Indian Evidence Act from the person in control of the device or server where the data is stored. The certificate should specify that the document is a true copy of the original and that the message or email was not tampered with. 6. Enforcement: If WhatsApp chats or emails show that a debt exists, the creditor can file a civil suit for money recovery, supported by these electronic communications. The court can then consider these as evidence during the trial. If the acknowledgment of debt or agreement for repayment is clear, the court may pass a decree in favor of the creditor for recovery of the amount. Conclusion: WhatsApp chats and emails are admissible as evidence in money recovery cases in India, provided they meet the requirements of authenticity and certification as stipulated in the Indian Evidence Act. However, the party presenting the electronic evidence must ensure that the messages are not tampered with and should follow the necessary procedures to authenticate the electronic records.
