Skip to main content

Posts

Showing posts with the label legal

Online chats and its admissibility in Indian Court-Chat as evidence in Court

The blue tick in whatsapp message can be considered as valid prove of receiving and  Summon can be issued by court. So the major question arise now, is whatsapp chat admissible in court? There was a judicial confusion as to whether Section 65B (4) was a mandatory condition. Last year, a 3-judge bench of the Supreme Court settled conflicting decisions on the point to authoritatively rule that at Certificate under Section 65B is a condition precedent to the admissibility of evidence by way of electronic record Arjun Pandit Rao v. Kailash Kushanrao The Supreme Court clarified that Certificate is not necessary if the 'original document' itself is produced (as a primary evidence). This can be done by the owner of a computer, tablet, a mobile phone, laptop computer, But has to step inside the witness box  and prove that the concerned device, on which the original information is first stored, is owned and/or operated by him and has not been obtained fraudulently . However, ...