Notices Over WhatsApp Valid Evidence Under Law- Bombay HC

85019278 - gavel and foreclosure notice document on white background.

While the world is going digital, the judiciary has also decided to follow suit.

HC rules Notice served on WhatsApp and acknowledged is sufficient under Law
Image: LiveLaw.in

To serve a notice to a respondent, who was evading service of notice under Order XXI Rule 22 of the Code of Civil Procedure 1908, the claimant had used WhatsApp Messenger as their mean of communication and the Bombay High Court has accepted the notice as valid legal evidence under law.

According to reports, a notice in a PDF format was served to a defaulter Rohit Jadhav (respondent), by the SBI Cards and Payments Services Pvt Ltd (claimant).
The Bombay high court was then approached by the claimant with an execution application, when Rohit Jadhav didn’t bother to receive their calls or meet any officials even when the notice was received and opened by him.

“The blue tick over the messaging app is a valid proof that the respondent has accepted the physical copies of the communication,” said Bombay High Court.

In the wake of this incident, we spoke to citizens and experts to gauge their reaction on this move of the court.

Netraprakash K Bhog, Advocate and Environmental Activist: The judgement is quite correct in a way, keeping in mind how modern technology is moving so fast.

Communication through the internet are a day-to-day affair in any corporate world.

The documents that originate from a particular place and if they aren’t given the rightful place that they are valid, then all the communication in the present business setup will totally collapse. In international business, everything is on the internet and it is accepted as well. Documents, legal papers, orders, corporate communications, agreement, any contractual work, legal work done via internet, all these are part of the system. And considering this fact, the high court here is very right that they should be considered as valid.

If the document is sent through a proper procedure, (earlier a notice had to be sent via a registered post and the acknowledgment was received) and one can prove and establish that the document has been sent through any medium and duly received, then there is no second thought that the document isn’t valid.

In some earlier judgments as well, it has been clarified that document sent through internet is valid. Considering these aspects, the courts are moving with the times and its quite valid and you cannot dispute that.

Considering that this is the future, there will be also certain norms and developments which will be crucial in using as evidence of having the document delivered. Even now, we have original document sent though the internet and we produce them in court.

Megha Vyas, MBA student: I think this reflect how the judiciary is transforming and moving with time. It is good to be deep-rooted and follow the traditional methods that are much more authentic, however, moving with time is the need of the hour.

Also, it will also save so much of time, given the fact that we have comparatively less judges to hear verdicts than the number of cases that needs attention and keep on pilling day after day.

Moreover, it will also save paper. Tree cutting is the major problem that the nation is facing, such initiatives will help tackle these problems.

Raghuvir Yadav, social worker: I think more and more offices should go digital as well, but them, there are two sides of the coin.

There are still many people across the nation that’s do not own a smartphone even today. Internet is not available everywhere and we have a long way to go when it some to connectivity and data availability.

In such circumstances, only the traditional methods come in handy. However. I do believe that in places where we can use electronic media and internet extensively, we should use them. this will be quick, efficient and sustainable as well.

Brijesh Singh, a businessman: How is it to be determined that the document has been duly received and the person has seen and noted it?

Here, people keep changing their addresses to get away with the notices of loans, how come they cannot change phone numbers.

Also, after a number has been discontinued by someone, it is assigned to another person. In such circumstances, how can the judiciary determine that the person who has received the PDF document on WhatsApp is the same person they are looking for? A proper system has to be maintained in order to rectify these errors otherwise this step will only fall flat.

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#All views are those of the respondents and Pune365 does not necessarily subscribe to them.

Loveleen Kaur