New Delhi, Jan 27 (UNI) The Supreme Court on Monday directed police authorities across the country to refrain from using WhatsApp or other electronic modes to serve notices to the accused individuals whose immediate arrest is not required.
A Bench comprising Justice MM Sundresh and Justice Rajesh Bindal ordered all States and Union Territories to issue Standing Orders to their respective police departments, mandating that such notices be served only through the prescribed modes under the CrPC or BNSS.
The Court directed that the notices under Section 41A of the Code of Criminal Procedure (CrPC) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) cannot be sent through WhatsApp.
Section 41A of the CrPC and Section 35 of the BNSS mandate the issuance of notices to accused individuals whose immediate arrest is not required, instructing them to appear before the police or at a specified location.
“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 prescribed under the CrPC, 1973/BNSS, 2023,” the Court declared.
The direction was issued in the Satender Kumar Antil case, where the Court has previously issued landmark guidelines to prevent unnecessary arrests of accused persons. The case continues to be monitored by the apex court to ensure compliance with its directives.
The Court was recently informed that the Haryana government had allowed its police to serve notices under Section 41A of the CrPC or Section 35 of the BNSS via WhatsApp, e-mail, SMS, or other electronic methods.
On January 21, Senior Advocate Siddharth Luthra, amicus curiae in the case, flagged this as a violation of the mandate under the CrPC and BNSS.
The Bench accepted this submission and reiterated that electronic service of notices is not a valid mode under the CrPC.
The Court emphasized that notices to witnesses under Section 160 of the CrPC/Section 179 of the BNSS and Section 175 of the CrPC/Section 195 of the BNSS must also be served strictly through prescribed methods.
Additionally, the Court directed all High Courts to convene monthly meetings of their respective Committees to ensure proper implementation of these directions. It further instructed High Courts to submit monthly compliance reports to the apex court.
The matter is scheduled for its next hearing on March 18.