Karnataka High Court reminds police it can't issue notice to accused through WhatsApp

The Karnataka High Court recently quashed a notice issued by the Karnataka police via WhatsApp to a student accused of identity theft [Pavan Kumar v. State of Karnataka and anr]..Justice SR Krishna Kumar observed that the Supreme Court has already ruled that such WhatsApp notices cannot substitute the service of notice by the modes contemplated in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) or the erstwhile Code of Criminal Procedure (CrPC)."Recently in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Anr, the Apex Court has categorically held that issuance and service of notice under Section 35(3) BNSS / 41(A) of CrPC through WhatsApp is impermissible in law," the February 19 ruling said. The High Court, therefore, quashed the WhatsApp notice. However, it also granted police the liberty to issue a fresh notice in accordance with the law..Section 35 of the BNSS/ Section 41A of the CrPC says that in criminal cases where the arrest of a person suspected of committing the offence is not required, the police can issue a notice directing the accused to appear before the police.Notably, in an order passed last month, the Supreme Court had made it clear that the police cannot use WhatsApp or other electronic modes as an alternative or substitute mode to serve such notices to the accused."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 top court had held. .Despite this, on February 14 this year, the Adugodi Police Station in Karnataka used WhatsApp to issue notice to a 25-year-old student from Tamil Nadu, asking him to appear before the police in connection with a criminal case involving allegations of identity theft and impersonation by using a computer resource.The student moved the High Court challenging this notice. The Court quashed the WhatsApp notice and told the police that it may issue a fresh notice in line with the law. "In the instant case, a perusal of the impugned notice dated 14.02.2025 will indicate that the same has been issued through WhatsApp which is clearly impermissible in law in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra) and the same deserves to be quashed ... However, liberty is reserved in favour of respondent to issue fresh notice under Section 35(3) BNSS [41(A) of Cr.P.C] to the petitioner and proceed further in accordance with law," the Court said..WhatsApp cannot be used as a substitute by police to serve notice to accused: Supreme Court.Advocate Gnanesha NI represented the petitioner. Additional Special Public Prosecutor Rashmi Jadhav appeared for the State. .[Read Order]