WhatsApp Messages Inadmissible Without Section 65B Certificate, Oral Evidence Cannot Cure Defect: Patna High Court

The Patna High Court has held that WhatsApp messages relied upon as electronic evidence cannot be read in evidence without the mandatory certificate under Section 65B(4) of the Indian Evidence Act. It added that oral evidence cannot cure the absence of the statutory certificate.A Division Bench of Justice Bibek Chaudhuri and Justice Rana Vikram Singh made the observation while setting aside a decree of divorce granted to a husband on the ground of cruelty.The parties were married in February 2010 and have two daughters. The husband had sought divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging that his wife had treated him and his family members with cruelty. Among other things, he alleged that his wife denied him conjugal relations, abused him using vulgar language, quarrelled over trivial issues and sought to distance him and their children from his family. He also relied on certain WhatsApp messages in support of his case.The Family Court at Lakhisarai allowed the husband's matrimonial suit and granted him a decree of divorce. The wife challenged the decision before the High Court.On reappraising the evidence, the High Court found that the incidents cited by the husband were spread across different years and lacked particulars of time, place and surrounding circumstances. His witnesses had also spoken generally about “abuse”, “filthy language” and “cruel behaviour” without giving details that would allow the Court to assess the gravity of the alleged conduct.The Bench then considered the WhatsApp messages produced by the husband as Exhibit-1. It found that no certificate under Section 65B(4) of the Evidence Act had been produced. Referring to the Supreme Court's decision in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, the Court said that a Section 65B(4) certificate is mandatory for the admissibility of electronic records. It held:“Oral evidence cannot supply the deficiency. In the absence of the statutory certificate, the WhatsApp messages are wholly inadmissible and cannot be looked into for any purpose.”The Court also took note of the fact that the parties had continued to cohabit for substantial periods between 2010 and 2018 and had two children. The husband had admitted to occasional physical relations before 2018. They had also temporarily resumed cohabitation pursuant to a counselling order in June 2022.Once the WhatsApp messages were excluded, the Court found that the case essentially rested on the word of one spouse against the other. The husband's evidence was vague and was not supported by admissible documentary material.The Bench ultimately held that the husband had failed to establish cruelty of the “degree, gravity and continuity” required under Section 13(1)(ia) of the Hindu Marriage Act.It accordingly set aside the Family Court's judgment and decree and dismissed the husband's matrimonial suit for divorce.Case Title: Jyoti Rani v. Nishant KumarCase Number: Miscellaneous Appeal No. 32 of 2024.Appearance: Mr. Ram Naresh Singh for the Appellant; Mr. Manoj Kumar Ambastha, Ms. Anju Kumari Sinha and Mr. Yash Kiliyarnand for the Respondent.Click Here To Read/Download Order

WhatsApp Messages Inadmissible Without Section 65B Certificate, Oral Evidence Cannot Cure Defect: Patna High Court

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WhatsApp Messages Inadmissible Without Section 65B Certificate, Oral Evidence Cannot Cure Defect: Patna High Court

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