Police Cannot Serve Notices Through WhatsApp Or Other Electronic Means: Supreme Court

The Supreme Court of India has ruled that police cannot serve notices to accused individuals through WhatsApp or other electronic modes under the Criminal Procedure Code (CrPC), 1973 or the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as reported by news agency PTI.

A bench of Justices M M Sundresh and Rajesh Bindal has directed all states and union territories (UTs) to direct their police forces to serve notices under Section 41A of the CrPC or Section 35 of the BNSS strictly through legally permitted methods.

“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,” the bench stated, PTI reported.

The court made it unequivocally clear that digital modes of communication like WhatsApp cannot replace legally prescribed methods.

“It is made amply clear that service of notice through WhatsApp or other electronic modes cannot be considered or recognised as an alternative or substitute to the mode of service recognised and prescribed under the CrPC, 1973/BNSS, 2023," the top court added.

This ruling follows concerns raised by senior advocate Sidharth Luthra, who was appointed amicus curiae in the matter.

Luthra flagged instances where a notice under Section 41-A of CrPC, 1973 was sent through WhatsApp, but the accused did not appear before the investigating officer.

He stressed that police must not sidestep the legal mandate of Section 41A of the CrPC or Section 35 of the BNSS by resorting to unofficial digital communication.

The court issued directives ensuring strict compliance with its order. It instructed all high courts to hold monthly committee meetings to review past and ongoing decisions. Authorities must submit monthly compliance reports to ensure implementation “at all levels.”

Additionally, the registrar generals of high courts and chief secretaries of all states and UTs have been given a three-week deadline to ensure compliance with the ruling.

The decision stems from the case of Satender Kumar Antil which dealt with the arbitrary denial of bail and improper arrests.

The Supreme Court had previously issued guidelines in this case, emphasising that police and lower courts must adhere to the principles of bail jurisprudence.

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