Answer By law4u team
In the modern digital era, e-commerce disputes often arise due to issues like misrepresentation of products, delayed deliveries, or unresolved consumer complaints. In such disputes, consumers and sellers frequently rely on call recordings, chat logs, and screenshots as evidence to support their claims. However, the admissibility of these digital records in court or before consumer forums in India is governed by various legal provisions, particularly under the Indian Evidence Act, 1872, and the Information Technology Act, 2000.
These forms of electronic evidence are commonly used to prove the facts of a dispute, but their legality and admissibility depend on how well they meet the standards of authenticity and reliability. This article explores the legal framework surrounding the admissibility of such evidence in e-commerce disputes.
1. Legal Framework for Admissibility of Electronic Evidence
a. Indian Evidence Act, 1872
The Indian Evidence Act, 1872 governs the rules and procedures for admissible evidence in Indian courts. While the Act was drafted before the age of digital communication, it has evolved to incorporate provisions for electronic evidence, especially with the rise of the Information Technology Act, 2000. Key provisions relevant to digital evidence include:
- Section 65B: This section deals specifically with the admissibility of electronic records. It states that any electronic document (including call recordings, chat logs, and screenshots) can be admissible as evidence, provided the conditions for authentication are met.
- Section 3: Defines evidence and mentions that any statement or document that is reliable and relevant can be presented as evidence in a court of law.
b. Information Technology Act, 2000
The Information Technology Act, 2000 (IT Act) provides the legal framework for the recognition of electronic records, including emails, text messages, and other digital forms of communication, as valid evidence in Indian courts. Some key provisions relevant to e-commerce disputes include:
- Section 65A: This section declares that electronic records and digital signatures are equivalent to paper records under the Indian Evidence Act.
- Section 65B: It specifies the conditions for the admissibility of electronic evidence. This includes the authenticity of the record, ensuring that it has been generated, stored, or retrieved in a manner that preserves its integrity.
2. Key Conditions for Admissibility of Call Recordings, Chat Logs, and Screenshots
Under Section 65B of the Indian Evidence Act, the admissibility of electronic evidence, such as call recordings, chat logs, and screenshots, is subject to the fulfillment of certain conditions:
a. Authenticity
The record must be genuine and must not have been tampered with. This includes ensuring that the call recording, chat log, or screenshot is stored and retrieved in a way that proves its integrity.
b. Certification
As per Section 65B(4), for electronic records to be admissible, there must be a certificate that affirms that the document was generated, stored, or retrieved through a secure method. This certificate must be provided by a person who is in a position to certify the document’s authenticity (e.g., the service provider or platform administrator).
c. Chain of Custody
The evidence must be able to demonstrate a clear chain of custody, ensuring that the record has not been altered or tampered with from the time it was created until it is presented in court.
d. Relevance
The call recording, chat log, or screenshot must be relevant to the case at hand. If the digital evidence is irrelevant or unrelated to the dispute, it may be deemed inadmissible.
3. How to Ensure Admissibility of Digital Evidence
For call recordings, chat logs, and screenshots to be accepted in e-commerce disputes, the following steps should be taken:
a. Proper Storage and Backup
- Secure Storage: Ensure that the digital evidence is stored in a secure, tamper-proof environment. It should be backed up and archived in a manner that ensures it can be presented in its original form.
- No Tampering: The evidence should be unmodified and unaltered in any way. Even a minor change can render the evidence inadmissible.
b. Certification and Authentication
- Certification by the Service Provider: The platform or service provider (e.g., the telecommunications company for a call recording) should issue a certificate stating that the record was created, stored, and retrieved in compliance with Section 65B(4) of the Indian Evidence Act.
- Verification of Source: If the chat logs or screenshots are taken from a platform or messaging app, there should be proof of the authenticity of the conversation (e.g., login credentials, timestamps, or metadata).
c. Professional Handling
Chain of Custody: If the evidence is handled by multiple parties (e.g., from consumer to seller to court), the chain of custody must be maintained, ensuring that it has not been tampered with at any point.
4. Legal Use in Consumer Forums or Courts
Once the digital evidence meets the required conditions, it can be used effectively in consumer disputes:
a. Consumer Forums
In cases involving misrepresented products or delivery delays, consumers can present call recordings, chat logs, and screenshots to show communication with the platform or seller. These can strengthen their case for refunds, compensation, or replacement of goods.
b. Court of Law
If the matter proceeds to a consumer court or civil court, electronic evidence can be submitted following the appropriate legal procedure. If the evidence is properly certified and authenticated, it can be used to support the consumer’s claims.
5. Example Scenario
Example 1:
A consumer purchases a mobile phone from an e-commerce platform, but the product is delivered with defective features. The consumer contacts customer service multiple times through calls and chats, requesting a refund.
The consumer records the calls and takes screenshots of the chat logs where the customer service agents admit to the defect.
The consumer files a complaint with the consumer forum, submitting the call recordings, chat logs, and screenshots as evidence.
Since the evidence is authentic, certified, and relevant, it is admissible in the consumer forum. The consumer is granted a refund and compensation for the inconvenience.
Conclusion
Yes, call recordings, chat logs, and screenshots are admissible as evidence in e-commerce disputes in India, provided they meet the requirements for authenticity, relevance, and certification under the Indian Evidence Act, 1872 and the Information Technology Act, 2000. Consumers and sellers must ensure that the digital evidence is properly stored, protected, and verified before using it in a court of law or consumer forum.
