Can A Legal Notice Be Sent By E-Mail in India?

INTRODUCTION:

A Legal Notice is a formal communication to an entity or a person which informs the other party about the intention with which one is required to take legal actions against them. Sending a Legal Notice is considered to be the first step towards a legal proceeding and majorly forms the basis for every legal action in India. Every person whose rights have been infringed or violated can send a legal notice to the other person as a final warning before they appear in front of the court. The person who sends the legal notice is known as the Plaintiff or Sender and the other person or entity who receives the legal notice is known as the Respondent or Addressee.

Legal Notice can only be sent in civil cases, whereas in criminal cases, the State issues a warrant themselves. A legal notice is sent by virtue of Section 80 of the Civil Procedure Code, 1908. It is not mandatory to serve legal notice in all civil cases, although, it is a general practice by Advocates to do so. However, it is mandatory to send a legal notice if a suit is being filed against any government official in order to discourage frivolous actions. No suit shall be instituted against a Public officer or the Government in respect of any act purporting to be done by such public officer in his official capacity until the expiration of 2 months next, after the notice in writing has been delivered. The purpose of the notice provided as such is for the concerned public officer to revaluate their actions, thereby providing compensation or justification for their act or conduct.

Legal Notices are sent in cases inclusive of property disputes, consumer complaints, recovery of money, cheque bounces, notices by employer or employees, and breach of contract. The importance of a well-drafted legal notice is also in the fact that the majority of the cases can be mediated and negotiated outside court only. This not only saves both costs and time, but a settlement of cases also leads to avoiding defamation of the parties, if found guilty.

HOW TO SEND A LEGAL NOTICE?

A Legal Notice can be drafted by the Plaintiff themselves as long as they follow the correct notice format. Nonetheless, it is advised to take the help of an Advocate or rather get the notice drafted by them itself. The Legal Notice must contain the Name, Address, any Monetary Claims or Compensations and Substantial information of the case briefly. The notice must also be signed by both the Advocate and the Client.

Majority of Courts and Judges prefer delivery of the notice via registered post or courier. It can also be sent personally. However, a pattern was observed by the Courts where the Respondent would change their address by changing rental homes, not accept any notice of communication or deny that a physical copy of the notice has been received. This would delay the process of the court proceedings, especially in commercial cases. Thus, a three-judge bench of the Supreme Court of India mentioned that “In addition to a normal mode of service, service of Notice(s) may be affected by E-Mail for which the advocate(s) on-record will, at the time of filing of petition/appeal, furnish to the filing counter a soft copy of the entire petition/appeal in PDF format.” The admissibility of electronic legal notices is still questionable in various courts and judges, as they continue to prefer documentation on paper. However, this judgement clarifies and confirms that legal notice can also be sent via E-mail.

The Plaintiff should be aware of the e-mail address of the Respondent and should make sure no typing errors are made. In certain cases, it is possible that the Plaintiff was given the wrong e-mail id or the notice sent via electronic mode is found in the spam folder, or the Respondent has deleted the e-mail leaving no proof of receiving the same. Thus, on a safer note, the legal notice must also be sent to the last known address of the Respondent if couriered or delivered personally.

VALIDITY OF LEGAL NOTICE VIA E-MAIL:

Necessary changes were made and implemented in the Civil Procedure Code, 1908 after the landmark judgement of the Supreme Court with respect to Electronic legal notices, at least in commercial matters to start with, by both Delhi High Court and Supreme Court of India.

According to the Information Technology Act, 2000, E-Governance or Electronic Governance are dealt with under Section 4 to Section 10A. The Act recognises sending of documents in electronic forms for other purposes inclusive of legal notices. Legal recognition of electronic records provided under the Act states that any information or matter that shall be in printed or typewritten manner, will be deemed to satisfy if it is available in an electronic form.

Furthermore, The Indian Evidence Act, 1872 states that any information contained in electronic records printed on paper, recorded, or copied in magnetic or optical media when produced by a computer will be deemed as a document if all conditions of the section are satisfied. Nonetheless, the parties might have to produce a certificate under Section 65B (4) of the Act in some cases to prove the admissibility of electronic records.

CONCLUSION:

In this advanced world of digitalisation, there is a need to be more flexible and adapt these changes in the Indian legal system too. In a recent case, the Bombay High Court stated that a legal notice sent through WhatsApp messaging app is a valid proof that notice was served and considered the blue tick on the message as the notice was read by the Respondent. It can be understood that over the years, Courts have had their own discretions and views about the modes of sending legal notices and that many are recognising the value of electronic records.

Amidst the global pandemic where major countries have been in lockdown, the Indian Courts were transformed to E-Courts. While India has been working to establish E-Courts for years, this seems the right time to ponder about the action plan and experiment with how the judiciary can function virtually for important cases along with petty issues. Setting up of E-courts will require ensured policy framework keeping in mind the literacy level of the country. Once the E-Court System is strengthened in India, not only serving legal notices and summons, but other procedures will also take the electronic mode.

This article is authored by Nandita Sharma, Second-Year, LL.B, student at Symbiosis Law School, Pune.

Also Read – How To Send A Legal Notice For Breach Of Contract?

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