Whatsapp is one of the most popular networking apps in India. Users share all kind of content on this messaging app, from inspirational messages to light heart messages and much more. Sometimes users also send legal notice and information on Whatsapp.
From quite some time now receiving a legal notice on Whatsapp is becoming questionable. Can this messages be admissible as a legal entity? This is becoming a debatable issue for a long time- IT Act of Indian Constitution is ambiguous on the issue, and we need some clarification.
A current ruling of the Bombay High Court has set a straight picture. From now on the issue of the legal notice sent via PDF in Whatsapp would be considered as a legal document and it is admissible and accepted by the Court. The blue tick notification also has a legal backing now.
Bombay High Court- Case
The SBI card and Payment Services sent a legal notice regarding the outstanding dues or Rs. 1.17 Lakh to the Rohidas Jadhav from Mumbai.
After that, Rohidas claimed that the notice received on Whatsapp is not considered as the legal notice, and it is not used against anyone or him.
The State Bank of India claimed that the messages which are having blue tick marks are considered as a message seen and read by the person.
Justice Gautam Patel in his judgment stated that the SBI was correct in this issue- The blue tick which appears on the Whatsapp is valid proof to claim that the message on Whatsapp is received and downloaded by the Rohidas, and which means that Rohidas has gone through with that message.
In his judgment, the judge said “For the purpose of service of notice I will accept this. I do so because the icon indicators clearly show that not only was the messages and attachment delivered but that both were opened”.
Legality of Whatsapp Messages?
According to the rules, a Challenge or a legal notice has to be sent via registered post or delivered in person.
After the new rule of IT, Act came into force, the legal notice sent via emails will also be considered as a valid notice and there is no law related to the Whatsapp messages.
When we talk about the trending messages of the Whatsapp as an evidence, the Judiciary is clear that it can’t be treated as a legal evidence in the Court.
In Last year, in a case of the suicide of Arunachal Chief Minister Kalikho Pul, the Delhi High Court found that the messages of the Whatsapp are not considered or treated as an evidence in any case.
Now, the final statement given by the Bombay High Court on the issue of Legality of Whatsapp messages as in notice and summon has made this issue little complicated, especially in the absence of any law.