New Delhi: The Supreme Court has said service of notice through WhatsApp or other electronic modes by police cannot be recognised as an alternative or substitute to the mode of service recognised and prescribed under the Criminal Procedure Code (CrPC) or Bhartiya Nagrik Suraksha Sanhita BNS), 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,” a bench comprising Justice MM Sundresh and Justice Rajesh Bindal said.
Issue standing order to police machinery, apex court directed all states and Union Territories
The bench directed all states and union territories (UT) to issue standing order to their respective police machinery for issuing notices under Section 41A of CrPC, 1973 or Section 35 of BNSS, 2023 only through the mode of service prescribed 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 in a January 21 order.
Court accepted suggestion by amicus curiae
The direction of the court came after it accepted a suggestion 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 also He brought to the attention of the court a standing order dated. 26.01.2024 issued by the office of the DGP, Haryana which permitted police officers to serve notices under section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 in person or through WhatsApp, e-mail, SMS or any other electronic mode.
Luthra further told the court that the police machinery must not circumvent the mandate of Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 by serving notices through WhatsApp or other electronic modes, instead of following the normal mode of service.
Apex court directed all high courts to hold its respective committee meetings on a monthly basis
The apex court bench also directed all high courts to hold its respective committee meetings on a monthly basis to ensure compliance of both its past and present decisions “at all levels” and also ensure that monthly compliance reports are being submitted by the concerned authorities. It further directed the registrar generals of high courts and chief secretaries of all the states and Union Territories to ensure compliance within three weeks.
