The Supreme Court has taken a view that police machinery should not serve notices to the accused through WhatsApp or other electronic modes.
"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 recognised as an alternative or substitute to the mode of service recognised and prescribed under the CrPC, 1973/BNSS, 2023," said a bench of Justices MM Sundresh and Rajesh Bindal.
The Bench headed by Justice Sundresh added that states and Union Territories(UTs) must issue an additional Standing Order to their respective Police machinery to issue notices to the accused persons or otherwise, only through the mode of service as prescribed under the Code of Criminal Procedure (CrPC), 1973 or BNSS (Bharatiya Nagarik Suraksha Sanhita) 2023.
Senior advocate Siddharth Luthra, amicus curiae, pointed out that the service of notice is to be made in person, as contemplated under the law, and not through WhatsApp or other electronic modes.
Luthra further added that notices under Section 41-A of CrPC, 1973 were issued to the accused via WhatsApp, and the accused did not appear before the Investigating Officers and no action was taken against such erring officers.
Further, he drew the attention of the top court to a Standing Order issued by DGP (Director General of Police), Haryana, permitting officials to serve notices in person or through WhatsApp, e-mail, SMS or any other electronic mode.
Amicus curiae referred to the decision of the apex court in the case of Satender Kumar Antil v. CBI (2022, upholding the view of the Delhi High Court that notice sent through WhatsApp or other electronic modes was not contemplated as a mode of service within the meaning of Section 41-A of CrPC, 1973 (now Section 35 of BNSS, 2023) since the same was not in accordance with Chapter VI of CrPC, 1973 (now Chapter VI of BNSS, 2023) and hence could not be treated as a valid mode of serving notice.
He also made a reference to Section 532 of BNSS, 2023 which holds 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.
Read also| International Space Station Captures Stunning Images of Mahakumbh 2025
Read also| India's Military Strength and Cultural Heritage Showcased at Kartavya Path