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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,” the bench said on January 21.
The top court went on, “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 direction came when the court accepted a suggestion by senior advocate Sidharth Luthra, 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 said the police machinery must not circumvent the mandate of Section 41-A of CrPC, 1973 or Section 35 of BNSS, 2023 by serving notices via WhatsApp or other electronic modes, instead of following the normal mode of service.
The court passed the directions in the case of Satender Kumar Antil.
