WhatsApp cannot be used as a substitute by police to serve notice to accused: Supreme Court

The Supreme Court has ordered the police to not use WhatsApp or other electronic modes as an alternative or substitute mode to serve notice to the accused under Section 41A of Code of Criminal Procedure (CrPC) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)..Section 41A, CrPc or Section 35, BNSS provides for the issuance of notice to accused, whose immediate arrest may not be required, to appear before the police or at such other place as may be specified.The Bench of Justice MM Sundresh and Justice Rajesh Bindal ordered all the States and Union Territories to issue a Standing Order to their respective police departments asking them to issue such notices only through the prescribed mode of service under the CrPC or BNSS."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 Court ordered..The Court passed the direction in the Satendar Kumar Antil case in which it has previously passed landmark directions to prevent unnecessary arrests of accused or suspects. Since then, the Court has been monitoring the implementation of its orders.The top court was recently informed that Haryana government has permitted police to serve Section 41A. CrPC or Section 35, BNSS notices through WhatsApp, e-mail, SMS or any other electronic mode. On January 21, Senior Advocate Siddharth Luthra, the amicus curiae in the Satendar Kumar Antil case, had flagged that the police should not be allowed to circumvent the mandate of Section 41A, CrPC or Section 35, BNSS in this manner, by serving notices through WhatsApp or other electronic modes instead of following the normal mode of service.It was also submitted that the top court earlier had upheld a Delhi High Court ruling that the notice served through WhatsApp or other electronic modes is not contemplated as a mode of service under the CrPC..The Court accepted the submission and issued an order directing the police to strictly comply with the directions issued by it.Further, the Court directed that notices to witnesses must also only be served through the modes prescribed under the CrPC or BNSS."All the States/UTs must issue an additional Standing Order to their respective Police machinery to issue notices under Section 160 of CrPC, 1973/Section 179 of BNSS, 2023 and Section 175 of CrPC, 1973/Section 195 of BNSS, 2023 to the accused persons or otherwise, only through the mode of service as prescribed under the CrPC, 1973/BNSS, 2023," it ordered..Moreover, the Bench also directed that all High Courts must hold meetings of their respective Committees to ensure the implementation of the top court's decisions on a monthly basis. This is to ensure compliance of both past and future directions issued by the apex court at all levels.It further asked the High Courts to ensure that monthly compliance reports are submitted by the concerned authorities.The Court will hear the matter next on March 18..[Read Order]