Document received as WhatsApp forward does not qualify as document without original under Evidence Act
July 17, 2017The Delhi High Court in a recent judgment held that a document received as a Whatsapp forward does not even qualify as a document in terms of the Evidence Act, 1872 if neither the original nor the copy of the original has been produced.
A petition was filed by the National Lawyers Campaign for Judicial Transparency and Reforms and others seeking direction to the state of the Arunachal Pradesh, its police, Delhi police, West bengal Police and Central Bureau of investigation to register an FIR based on allegations contained in the alleged suicide note of its late Chief Minister Kalikho Pul.
The Delhi High Court asked the petitioners as to what is the source of the alleged information based on which the petition has been filed. The petitioners stated that the source of information is information circulated and received on social media WhatsApp platform. In the petition neither the name of the sender of the alleged post and nor was it stated as to which of the petitioners received the WhatsApp post.
However, the petitioners contended that under section 154 of the Cr.PC. any information provided which is provided to the police, is sufficient to set the criminal proceedings in process.
Rejecting the submission, the court held: “I am unable to accept this contention, in as much as, in the present case, the petitioners very candidly admit that they are not privy to any information. What they believe to be information is a post circulated on WhatsApp platform or an alleged translation in a website. The alleged information is not claimed to be true to their knowledge. It is not even stated in the petition as to how the petitioners have formed a reasonable belief that the alleged post or the translation could be true or have any basis”.
The court dismissed the writ petition with cost of Rs. 25,000 on each of the petitioners, since the petitioners had admittedly filed the petition without verifying or affirming any fact and without the formation of even a belief that what is stated in the petition has any iota of truth behind it.