Police can't serve accused notice via WhatsApp, other electronic means: SC

The police cannot serve notices to accused persons through WhatsApp or other electronic modes under the Criminal Procedure Code or Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, the Supreme Court has said.

A Bench led by Justice MM Sundresh directed all states and union territories to issue appropriate directions to police for issuing notices under Section 41-A of the CrPC or Section 35 of the BNSS only through the mode of service permitted 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 the CrPC/Section 35 of the BNSS only through the mode of service as prescribed under the CrPC/BNSS," it said on January 21 while dealing with a case filed by one Satender Kumar Antil.

"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/BNSS," said the Bench which also included Justice Rajesh Bindal.

It accepted a suggestion by senior advocate and amicus curiae Sidharth Luthra who highlighted instances where a notice under Section 41-A of the CrPC was sent through WhatsApp, but the accused did not appear before the investigating officer.

The police machinery must not circumvent the mandate of Section 41-A of the CrPC or Section 35 of the BNSS by serving notices via WhatsApp or other electronic modes, instead of following the normal mode of service, Luthra said.