Supreme Court: Police Cannot Serve Notices via WhatsApp or Electronic Modes
The Supreme Court of India has ruled that police authorities cannot serve notices to accused persons through WhatsApp or other electronic means. The court emphasized that notices must strictly adhere to the modes of service prescribed under the Code of Criminal Procedure (CrPC), 1973, or the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
New Delhi: The Supreme Court of India has ruled that police authorities cannot serve notices to accused persons through WhatsApp or other electronic means. The court emphasized that notices must strictly adhere to the modes of service prescribed under the Code of Criminal Procedure (CrPC), 1973, or the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Supreme Court’s Directive
A bench comprising Justices MM Sundresh and Rajesh Bindal stated, “All States and Union Territories must issue a Standing Order to their police machinery to serve notices under Section 41-A of CrPC, 1973 or Section 35 of BNSS, 2023 only through prescribed modes of service under the respective laws. Service of notice through WhatsApp or other electronic modes cannot be considered a valid or recognized alternative.”
Context and Concerns
The court’s decision follows concerns raised by Senior Advocate Siddharth Luthra, who served as amicus curiae (friend of the court). He pointed out instances where notices under Section 41-A of CrPC, 1973, were served via WhatsApp, leading to accused persons failing to appear before Investigating Officers.
Luthra flagged that some police departments, such as in Haryana, had permitted notices to be served via WhatsApp, email, SMS, or other electronic modes through Standing Orders issued by the DGP. However, this practice violates the prescribed procedure under CrPC and BNSS, as it bypasses personal service requirements.
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Reference to Previous Cases
The bench referenced the Supreme Court’s decision in the Satender Kumar Antil v. CBI (2022) case, where it upheld the Delhi High Court’s ruling that notices served through WhatsApp or other electronic platforms do not comply with Chapter VI of CrPC, 1973, or Chapter VI of BNSS, 2023. Therefore, such notices cannot be deemed valid.
Additionally, Luthra highlighted Section 532 of BNSS, 2023, which allows trials and inquiries to use electronic communication and audio-video means but explicitly excludes serving notices under Section 35 of BNSS via electronic platforms like WhatsApp.
Implications for Police Authorities
Following this ruling, all States and Union Territories are required to issue Standing Orders mandating police departments to serve notices in person or through approved methods as prescribed by law. This decision reinforces the importance of adhering to procedural laws to ensure legal validity and accountability.
Key Takeaways:
- Notices under Section 41-A of CrPC, 1973, or Section 35 of BNSS, 2023, must be served only via prescribed methods.
- Service through WhatsApp, email, or other electronic modes is not recognized as valid.
- States and UTs must ensure compliance by issuing appropriate Standing Orders.
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