Police Cannot Use WhatsApp or electronic modes to Serve Notices: Supreme Court Directs All States and UTs
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The directive was issued following the court’s endorsement of a proposal put forth by senior advocate Sidharth Luthra
The Supreme Court has said police cannot serve notices to accused persons through WhatsApp or other electronic modes under the Criminal Procedure Code or Bhartiya Nagrik Suraksha Sanhita, 2023.
A bench of Justices M M Sundresh and Rajesh Bindal directed all states and union territories (UT) to issue appropriate directions to police for issuing notices under Section 41A of CrPC, 1973 or Section 35 of BNSS, 2023 only through the mode of service permitted under the law.
“All the states/UTs must issue a standing order to their respective police machinery to issue notices under Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 only through the mode of service as prescribed under the CrPC, 1973/BNSS, 2023. It is made amply clear that service of notice through WhatsApp or other electronic modes cannot be considered or recognized as an alternative or substitute to the mode of service recognized and prescribed under the CrPC, 1973/BNSS, 2023,” says the bench.
The directive was issued following the court’s endorsement of a proposal put forth by senior advocate Sidharth Luthra, who has been appointed as amicus curiae in this case.
Luthra highlighted cases in which a notice under Section 41-A of the CrPC, 1973 was dispatched via WhatsApp; however, the accused failed to present themselves before the investigating officer.
It was emphasized that the police procedures should not bypass the requirements outlined in Section 41-A of the CrPC, 1973, or Section 35 of the BNSS, 2023, by issuing notices through WhatsApp or other electronic means, rather than adhering to the standard method of service.
The bench additionally instructed all high courts to convene their respective committee meetings to guarantee the implementation of both past and current decisions on a monthly basis across all levels, with the relevant authorities required to submit monthly compliance reports.
