Supreme Court: Police Cannot Serve Notices to Accused via WhatsApp

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 the 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 the accused, whose immediate arrest may not be required, to appear before the police or at such other place as may be specified.

A bench comprising Justice MM Sundresh and Justice Rajesh Bindal passed the directions in the Satender Kumar Antil v. CBI case, in which it has previously passed landmark directions to prevent unnecessary arrests of accused or suspects. The court has been posting this matter from time to time to monitor the implementation of its orders.

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Senior advocate Siddharth Luthra, appearing as amicus curiae, stressed that notices should be delivered personally, not via electronic means.

He highlighted instances where notices under Section 41-A of the CrPC were sent via WhatsApp but failed to ensure the accused appeared before Investigating Officers. No action was taken against the officers involved.

Senior advocate Siddharth Luthra, amicus curiae (friend of the court) flagged that the service of notice is to be made in person, as contemplated under the law, and not through WhatsApp or other electronic modes.

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Luthra also pointed out a Standing Order from the Director General of Police (DGP) in Haryana, which allowed notices to be served through WhatsApp, e-mail, SMS, or other electronic modes.

This, he argued, contravened the law as it permitted a mode of service not recognized 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," the court ordered, according to the report.

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