Can A Legal Notice Be Sent Via WhatsApp Or Email?

If you're wondering whether you can send a legal notice via WhatsApp or email, the answer is yes—under certain conditions. The traditional means of sending legal notices through registered post or courier is still prevalent, but Indian courts are slowly and gradually accepting WhatsApp and email as communication methods in valid applications as long as there is evidence that such notices have been received and duly read.

For example, in the case between Kross Television India Pvt. Ltd. and Vikhyat Chitra Production, it was confirmed by the Bombay High Court that a valid service via WhatsApp comprising double ticks which implies delivery and seen could prove authentic. Likewise, it states in CLB v. National Spot Exchange Ltd. that the email notice could as well be taken as valid if evidence proved that it reached the recipient.

 Legal Framework For Digital Legal Notices In India

With the advent of digital communications, legislative efforts in India have been made to accommodate electronic means to a certain extent for the purpose of serving legal notices. Traditional methods for delivery still continue to be in use, but with the passage of certain statutes and pronouncements by courts, email, WhatsApp, and other forms as electronic communication have also been accepted as modes of service in law, provided certain conditions are fulfilled. Below is an outline of the legal framework governing digital legal notices in India:

Indian Evidence Act, 1872 (Now replaced by Bharatiya Sakshya Adhiniyam, 2023)

Until now, Section 65B of the Indian Evidence Act allowed admissibility of electronic records; for instance, emails and modern messages, as evidence in a court when accompanied by a certificate of authenticity of the source. The current Section 61 of the Bharatiya Sakshya Adhiniyam, 2023, bears a similarity to the above, where still the admissibility of electronic records is upheld and the likes of WhatsApp chats and emails can be accepted before a court in case of proper certification.

Information Technology Act, 2000

The Information Technology Act, 2000, constituted the base to give recognition to the usage and reliance on electronic records and digital communication in the courts of law. The Act gives relevance to electronic records in Section 4, where it asserts that any information-especially information which is required to be in writing or printed form-could give such information in the form of an electronic record, provided such electronic record is accessible and usesable for future reference. This definitely adds a value for sending legal notices via emails and messaging platforms.

Code Of Civil Procedure, 1908

The Code of Civil Procedure (CPC) of 1908 makes no express mention of WhatsApp or emails but provides the courts with the power to allow other modes of service under special circumstances. Order V Rule 9 and Rule 9A give courts the power to permit the service of summons by modern electronic means where traditional means have failed or have been unnaturally delayed. Courts have exercised this power, notably in urgent cases, to permit service through email and messaging apps.

Supreme Court Judgements

The Validity of WhatsApp and Email in Landmark Judgments

Cognizance for Extension of Limitation (2020)

Facts: The Supreme Court had taken suo moto cognizance related to delays in the filing and hearing of matters in courts across the country during the COVID-19 pandemic.
Held: The Court directed that a legal notice, summons, and pleadings could be served on the email, fax, or through instant messaging applications such as WhatsApp, accepting that the continuity of legal processes being disrupted would be maintained.

Central Electricity Regulatory Commission v. National Hydroelectric Power Corporation Ltd. (2021)

Facts: The instance in the section deals with complaints and documents being served by email, as a matter needing urgency, thus circumventing procedural technicalities.
Held: The Supreme Court provided that email is a valid mode of service, more so in cases of commercial disputes, dictating that it is the responsibility of the parties to frequently check their respective registered email addresses.
Relevance: This further recognized email as a recognized and accepted medium of legal communication with regard to business and regulatory issues.

Indian Bank Association & Ors. v. Union of India (2014)

Facts: The case presented issues regarding procedures concerning the issue of notices for recovery of debts under SARFAESI by financial institutions.
Held: The Supreme Court, confirming that notice under the SARFAESI Act served electronically shall be held valid if it reaches the borrower, allowed electronic service of notice thereunder.
Relevance: It set a statutory precedent that, in financial recovery matters, electronic communications, such as emails, may stand in place of physical service.

Tata Sons Pvt. Ltd. v. Greenpeace International & Anr. (2011) - Delhi High Court

Facts: Urgent injunctive relief was required by Tata Sons, who prayed for summons to be served through email.
Held: The Delhi High Court allowed summons to be served through email, giving due consideration to the urgency and worldwide presence of the opposite party.
Relevance: Early acknowledgments in jurisprudence that email is a valid way of serving legal documents.

Bright Enterprises Private Ltd. v. MJ Bizcraft LLP (2017) - Delhi High Court

Facts: The plaintiff served summons via email, arguing that the defendant had enough notice to appear in court.
Held: Delhi High Court upheld service via email, particularly when the sender proved that the email address was active and the notice had been received.
Relevance: Emphasized that such service would be considered valid upon proof of delivery and access, making it a legitimate alternative in law for serving legal notices.

Can A Legal Notice Be Sent via WhatsApp?

Under certain conditions, a legal notice can be served through WhatsApp. Courts are gradually accepting this mode of service for legal communications in India, especially in the presence of strong proof of delivery. For example, the Judgement in Kross Television India Pvt. Ltd. Vs. Vikhyat Chitra Production (2018) by the Bombay High Court held that a WhatsApp message could be regarded as a valid service if double ticks are reflected, indicating that it has already been delivered. This may grant assistance when all the usual means fail, such as a registered post not materializing or unduly delaying.

Many examples exist where courts have recognized WhatsApp communications as a valid service. Beyond the Kross Television instance, the Supreme Court allowed service through WhatsApp as a mode for sending notice or summons due to the COVID-19 pandemic in In Re: Cognizance for Extension of Limitation (2020). The Gujarat High Court, too, gave its nod for the WhatsApp service in an urgent custody matter in view of the practical difficulties involved in personal delivery.

Okay, if you've made up your mind to issue a legal notice through WhatsApp, you should ensure proof of delivery for the same. The double tick (message delivered) and blue tick (message read), according to WhatsApp, serve as evidence that the notice has been received. Take screenshots showing the ticks with a timestamp. However, for this to be admissible in court as evidence, this should be coupled with appropriate certification as provided under Section 61 of the Bharatiya Sakshya Adhiniyam, 2023.

There are, however, a few bumps in the road. Not all receivers have the read receipts enabled so that could pose a challenge in establishing whether the actual recipient saw the message. Also, service validity may be disputed unless it really clear that the WhatsApp number belongs to the intended recipient. Courts may also demand authentication to ascertain the origin and integrity of the message. Although many courts are liberal in the acceptance of service through WhatsApp notices, there are still some that keep insisting on the use of conventional documented modes, such as registered post or the official email through which notices are served.

Can a Legal Notice Be Sent via Email?

Yes, Email is an acceptable mode for sending legal notices and, in fact, Indian courts have held this much. The extent of acceptance has evolved, especially under commercial and time-sensitive cases, and the law in India also recognizes properly documented and acknowledged electronic communication as valid service of notice. The case of Central Electricity Regulatory Commission v. National Hydroelectric Power Corporation Ltd. (2021) was cited as a merit by the Supreme Court of India to the effect that service of pleadings and notices through email would be considered valid. It further nailed the parties on the obligation to cheque for the updates on their official emails while quoting the statement as well.

Many held by courts state that electronic communication is a valid mode to serve in notices. For example, in Tata Sons Pvt. Ltd. v. Greenpeace International (2011), it was observed that the Delhi High Court permitted service of summons through email in light of urgency and the benefit of digitalization. The High Court's decision in Bright Enterprises Pvt. Ltd. v. MJ Bizcraft LLP (2017) ruled that as long as the sender proves that the message was sent to a valid and working file address, such notification is valid service via email. Such examples would endorse the position that latterly properly done, email can be considered as a reliable medium for official correspondence in the course of law.

For recognition in the courts of a legal notice sent by email, you have to pay attention to the delivery specification. The notice, however, ideally must be digitally signed by the advocate or sent through an official advocate's email address to enhance authenticity. The recipient's acknowledgment, such as a reply or even an auto-reply receipt, would add support to your case. Further, email tracking tools or server logs can be utilized to substantiate delivery and opening access.

Email has several advantages over WhatsApp. Email has a higher time stamp accuracy: delivery reports, read receipts, and timestamps can all track an email that an individual receives. Legal notices can be sent as emails and attached as formal letterheads with digital signatures to make them look official and formalistic. Unlike WhatsApp, where an individual can disable read receipts, email servers produce logs that can be used as technical proof in court.

However, there are still a few issues. If the addressee denies to have received the email or puts the blame on the spam folder, then you will probably have to depend on technical evidence like delivery headers or server logs. Proving that the recipient actively uses that email address is extremely crucial. Lastly, there might be cases where courts would still expect a follow-up through traditional modes of service, especially those statutes that provided for physical delivery.

When Are Digital Legal Notices (WhatsApp/Email) Considered Invalid?

Digital legal notices may be deemed invalid in the following situations:

• No Proof of Delivery: If the delivery of the notice message on the device of the recipient was not achieved or read by him, for example, if the sender has WhatsApp and there were no double ticks or no earner delivery on email.
• Wrong Recipient: If some notice was sent to an e-mail ID or WhatsApp number that was not even officially recognized by the party.
• No Certification: Where electronic evidence is not certified in accordance with Section 61 of the Bharatiya Sakshya Adhiniyam, 2023.
• Disabled Read Receipts: Courts shall not consider read receipts on WhatsApp as conclusive proof of delivery, if disabled.
• Recipient Denial: If the recipient denies accessing the message on email/WhatsApp without evidence to substantiate that deduction scientifically.
• Statutory Requirements: Some laws are still alive to the unsatisfactory situation where it insists on the physical service of notices: digital modes are insufficient.

Conclusion

Digital platforms such as WhatsApp and email have obtained legal recognition in sending legal notices in India. With backing from court judgments and laws like the IT Act and the Bharatiya Sakshya Adhiniyam, these methods offer convenience, but only when used properly. In terms of validity, proper documentation and proof of delivery with legal formatting are essential.

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FAQs on Sending Legal Notices via WhatsApp and Email

Below are answers to some of the most frequently asked questions regarding the acceptance and procedure of sending legal notices via online medium, such as WhatsApp and email, in India.

Q1. Can one treat the WhatsApp blue ticks as sufficient proof of delivery for a legal notice?

Yes, some courts have recognized WhatsApp blue ticks as a confirmation of delivery. For example, in Kross Television India Pvt. Ltd. vs. Vikhyat Chitra Production, the Bombay High Court held that blue ticks show that the message is received and read. However, the weight of that evidence goes up when it is supported by screenshots and metadata.

Q2. What are the relevant laws concerning the validity of digital legal notices in India?

The main laws are:

Information Technology Act, 2000, which gives legal recognition to electronic communication.
Bharatiya Sakshya Adhiniyam, 2023 (Section 61) – Depals with the admissibility of electronic records as evidence.
Civil Procedure Code, 1908 – Contains provisions for courts to permit electronic service in suitable cases.

Q3. How do I prove the legal notice sent by email was received?

You can prove delivery of the same using the following methods:

• Read receipts, or replies from the receiving party.
• Email tracking tools will be able to provide you with information on the delivery of the email, as well as the fact of its opening. That it was sent from the official email address of the advocate by complying with protocols regarding proper format and attachments. This approach will emphasize the authenticity of the notice.

Q4. What are the consequences if the recipient asserts the email legal notice was undelivered?

Contrarily, if the recipient states he did not receive the email, proof in technicality shows delivery logs, timestamps, or tracking reports. Should the email address be one that is officially connected to the recipient, the courts will more likely see the notice as valid, especially where service was made in good faith.

Q5. Can it be legally ignored if a notice is sent by WhatsApp or email?

A legal notice cannot be ignored no matter how it is issued. The consequences for the recipient of that legal notice inasmuch the onus to show delivery from the sender's side is established could end up in being considered intentional avoidance. Further, this would go against the recipient in any further litigation.

Q6. What if the recipient does not respond to a digital legal notice?

Should the recipient fail to respond, the sender will move to legal proceedings, on the premise that the notice was served and ignored. The silence or inaction, following of having served notice validly, will be a consideration before the courts in consideration of the ex parte orders, or for reliefs in favor of the complainant.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified Civil lawyer.