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Can we use WhatsApp chat as evidence in court?? Courts opinion⚖️

1. M/S. Karuna Abhushan Pvt. Ltd v. Shri Achal Kedia (Delhi HC) - recognized that a “Double Blue Tick” acts as proof that the recipient received and read the message. In corporate law, leaving a critical claim on a blue tick without denying it can be treated by courts as an implied admission of fact.

2. Dell International Services v. Adeel Feroze (Delhi HC)- This case serves as a warning that even if your messages are 100% genuine, they will be legally rejected if your lawyer fails to submit the correct Section 63 BSA (formerly 65B IEA) compliance certificate.

3. SBI Cards & Payment Services v. Rohit Jadhav (Bombay High Court): The court legally recognized the operational features of WhatsApp. It ruled that if a legal notice or a debt notification sent via WhatsApp shows a “Double Blue Tick,” it constitutes valid service of notice. Leaving a serious monetary demand on a blue tick without denying it can be argued as an implied admission of debt.

4. Smt. Anjali Sharma v. Raman Upadhyay (Madhya Pradesh High Court): The High Court permitted a husband to rely on his wife’s private WhatsApp chats to prove allegations of adultery, even though the husband accessed her phone and retrieved the chats without her explicit consent. The court held that the right to privacy must yield to a litigant’s right to a fair trial under the Family Courts Act.

5. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) SC- The court ruled that a certificate is not required only if you bring the actual physical device (Primary Evidence) directly to the courtroom and present the live chat. This principle directly translates to Section 63 of the BSA.

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