Court: Delhi High Court
Citation: MANU/DE/4392/2024
Date: 02.07.2024

Abstract

The Delhi High Court, in the matter of Dell International Services Private Limited vs. Adeel Feroze and Ors., delivered a landmark judgment concerning the admissibility of WhatsApp conversations as evidence. The Court emphasized the necessity of a proper certificate as mandated under Section 65B of the Indian Evidence Act, 1872. This case commentary delves into the facts, arguments, and decision of the Court, also considering the implications of the newly implemented Bharatiya Sakshya Adhiniyam, 2023, particularly Section 63, which came into force on July 1, 2024.

Introduction

With the proliferation of digital communications, the admissibility of electronic evidence has become increasingly pertinent in legal proceedings. The Indian judiciary has grappled with interpreting and enforcing Section 65B of the Indian Evidence Act, 1872, which stipulates the conditions under which electronic records may be admitted as evidence. The case of Dell International Services Private Limited vs. Adeel Feroze and Ors. serves as a critical examination of these provisions, especially in the context of WhatsApp conversations, and explores the implications of recent legislative changes under the Bharatiya Sakshya Adhiniyam, 2023.

Brief Facts

Dell International Services Private Limited (hereinafter referred to as “Dell”) initiated legal proceedings against Adeel Feroze and other respondents, alleging contractual breaches and seeking enforcement of certain terms. A crucial piece of evidence presented by Dell comprised WhatsApp conversations purportedly demonstrating the respondents’ acknowledgment and acceptance of the contractual obligations.

Arguments of the Parties

Petitioner’s Arguments:

Admissibility of Evidence: Dell contended that the WhatsApp conversations were integral to establishing the respondents’ liability and should be admitted as evidence. The petitioner submitted a certificate under Section 65B of the Indian Evidence Act, asserting compliance with the statutory requirements for the admissibility of electronic records.

Relevance and Authenticity: Dell argued that the conversations were directly relevant to the issues in dispute and were authentic, having been retrieved from the company’s servers, thus meeting the evidentiary standards set forth in the Act.

Respondents’ Arguments:

Validity of Certificate: The respondents challenged the validity of the certificate provided under Section 65B, arguing that it did not meet the requisite statutory standards. They asserted that the certificate lacked proper authentication and did not sufficiently verify the integrity of the electronic record.

Compliance with New Legislation:

 The respondents highlighted the recent enactment of the Bharatiya Sakshya Adhiniyam, 2023, which superseded the Indian Evidence Act with respect to electronic evidence. They contended that the WhatsApp conversations should be evaluated under the provisions of the new Act, specifically Section 63, which mandates a higher standard for the admissibility of electronic records.

Court’s Decision

The Delhi High Court, after meticulous consideration of the arguments presented, rendered a decision emphasizing the stringent requirements for the admissibility of electronic records. The Court held that:

Section 65B Compliance: The WhatsApp conversations could not be admitted as evidence due to non-compliance with the specific requirements of Section 65B of the Indian Evidence Act. The certificate provided by Dell was deemed insufficient as it failed to adequately verify the authenticity and integrity of the electronic records.

Impact of Bharatiya Sakshya Adhiniyam, 2023: The Court acknowledged the enactment of the Bharatiya Sakshya Adhiniyam, 2023, and its implications for electronic evidence. Section 63 of the new Act, effective from July 1, 2024, necessitates a more robust certification process, ensuring higher standards of authenticity and reliability for electronic records. The Court opined that, had the provisions of the new Act been applicable at the time of the submission, the outcome regarding the admissibility of the WhatsApp conversations would have remained unchanged, as the evidentiary shortcomings under the old law persisted under the new regime.

The decision in Dell International Services Private Limited vs. Adeel Feroze and Ors. underscores the judiciary’s commitment to maintaining rigorous standards for the admissibility of electronic evidence. The Court’s insistence on strict compliance with Section 65B of the Indian Evidence Act reflects a broader judicial trend towards ensuring the authenticity and integrity of digital records in legal proceedings.

The introduction of the Bharatiya Sakshya Adhiniyam, 2023, marks a significant legislative advancement, enhancing the framework for electronic evidence. Section 63 of the new Act, with its heightened certification requirements, is poised to bolster the evidentiary standards for electronic records, thus addressing the challenges posed by the digitalization of communications.

This case serves as a critical reminder for litigants and legal practitioners to meticulously adhere to the procedural requirements for the admissibility of electronic evidence. The Court’s decision reinforces the necessity of a comprehensive and well-substantiated certification process, ensuring that electronic records presented in court are both authentic and reliable.

Conclusion

The Delhi High Court’s judgment in Dell International Services Private Limited vs. Adeel Feroze and Ors. is a pivotal ruling that elucidates the complexities surrounding the admissibility of electronic evidence. The stringent application of Section 65B of the Indian Evidence Act, alongside the forthcoming implications of the Bharatiya Sakshya Adhiniyam, 2023, underscores the judiciary’s resolve to uphold the integrity of digital communications in legal adjudications. This case exemplifies the evolving legal landscape and the imperative for precise compliance with statutory requirements in the realm of electronic evidence.