Admissibility of watsapp messages as Evidence !!!

Article 8(1) of Electronic Transactions and Commerce Law No. 2 of 2002 (the "Electronic Transactions Law"), which states: "Where a rule of law requires that any document, record or information be retained, for whatever reason, that requirement is satisfied by retaining such document, record or information in the form of an Electronic Record, if the following conditions are observed:

(a) The Electronic Record is retained in the format in which it was originally generated, sent or received, or in a format which can be demonstrated to represent accurately the information originally generated, sent or received.

(b) The information remains stored in a way that is accessible and usable for subsequent reference."

In accordance with the Electronic Transactions Law contracts agreed between parties through electronic device even though it is partial is valid in accordance with Article 13, which states: "(1) For the purpose of contracting, it is permissible to express offer and acceptance, partly or wholly, by means of Electronic Communication. (2) A contract shall not be denied validity or enforceability on the sole ground that it was concluded by means of one or more Electronic Communications."

In continuance, any contents recorded in the electronic device may be used as the proof in the Court of law in accordance with Article 12(1) of the Electronic Transactions Law which states: "(1) Nothing shall prevent the acceptance of an Electronic Communication or Electronic Signature as proof:

(a) Solely on the ground that the Communication or the Signature was Electronic in its form.

(b) Solely on the ground that the Communication or the Signature was not original or in its original form, if such Electronic Communication or Signature is the best evidence that the person adducing it could reasonably be expected to obtain."