New Delhi: In a significant ruling, the Supreme Court has directed the police to refrain from using WhatsApp or other electronic modes as an alternative mode to serve notice to the accused under Section 41A of the Code of Criminal Procedure (CrPC) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
A bench comprising Justice M M Sundresh and Justice Rajesh Bindal said 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.
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“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 the bench in an order passed on January 21.
The amicus curiae had brought to the attention of the apex court that standing order dated January 26, 2024, issued by the office of the DGP, Haryana which permits 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
Senior advocate Siddharth Luthra, the amicus curiae in the matter, flagged the issue before the apex court, saying that Service of Notice under Section 41-A of the CrPC and Section 35 of the BNSS, 2023, is to be made in person, as contemplated under the statutes, and not through WhatsApp or other electronic modes
Section 41A, CrPc or Section 35, BNSS provides for the issuance of notice to the accused, whose immediate arrest may not be required, to appear before the police or at such other place as may be specified. The apex court passed this direction in the Satendar Kumar Antil case.
“All the High Courts must hold meetings of their respective Committees for “Ensuring the Implementations of the Decisions of the Apex Court” on a monthly basis, in order to ensure compliance of both the past and future directions issued by this Court at all levels, and to also ensure that monthly compliance reports are being submitted by the concerned authorities”, said the apex court in its order. The apex court has scheduled the matter for further hearing on March 18.
