New Delhi: The Supreme Court has ruled that police cannot serve notices to accused individuals through WhatsApp or other electronic modes. The court emphasized that notices must be issued in person, following the prescribed procedures under the Code of Criminal Procedure (CrPC), 1973, or the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
A bench comprising Justices MM Sundresh and Rajesh Bindal directed all States and Union Territories (UTs) to issue Standing Orders mandating the police to issue notices under Section 41-A of the CrPC, 1973 or Section 35 of BNSS, 2023 only via the prescribed service methods. The bench clarified that service through WhatsApp or other electronic modes cannot replace the traditional modes outlined by law.
The court's decision came in response to a concern raised by Senior Advocate Siddharth Luthra, who acted as amicus curiae (friend of the court). Luthra pointed out that notices had been sent via WhatsApp to accused individuals, but the recipients failed to appear before Investigating Officers, and no action had been taken against the responsible officers.
Luthra also referenced a Standing Order issued by the Director General of Police (DGP) in Haryana, which allowed police officials to serve notices in person or through electronic means such as WhatsApp, e-mail, or SMS. However, he cited a previous ruling in 'Satender Kumar Antil v. CBI (2022)', where the Supreme Court upheld the Delhi High Court's view that notices served via WhatsApp or electronic modes are not valid under Section 41-A of the CrPC or Section 35 of BNSS, 2023, as these methods do not align with the procedures outlined in Chapter VI of the CrPC or BNSS, 2023.
He also made reference to Section 532 of BNSS, 2023, which states that all trials, inquiries, and proceedings may be held in electronic mode, by use of electronic communication or use of audio-video electronic means, but does not permit notice under Section 35 of BNSS, 2023 to be served through WhatsApp or other electronic modes.
With IANS inputs
