The bench emphasized 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.”
NEW DELHI: Today, 27th January, 2025, the Supreme Court has directed that notices to accused or suspects under Section 41A of the Code of Criminal Procedure (CrPC) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 must not be served via WhatsApp or any other electronic modes.
The Court emphasized 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.”
A bench comprising Justice MM Sundresh and Justice Rajesh Bindal issued the directions, where the Court has been monitoring compliance with its guidelines to prevent unnecessary arrests and ensure bail for deserving undertrial prisoners. The following directives were laid out:
- Use of Prescribed Modes for Serving Notices:
- All States and Union Territories must instruct their police departments to issue notices under Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 strictly in accordance with the prescribed modes of service. The Court reiterated, “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.“
- Adherence to Delhi High Court Guidelines:
- States and Union Territories must follow the principles set out in earlier cases like Rakesh Kumar v. Vijayanta Arya (DCP) & Ors., 2021 SCC Online Del 5629 and Amandeep Singh Johar v. State (NCT Delhi), 2018 SCC Online Del 13448, which were upheld in Satender Kumar Antil v. CBI & Anr. (2022) 10 SCC 51.
- Notices Under Sections 160 and 175 of CrPC:
- The Court directed that notices under Section 160 of CrPC, 1973/Section 179 of BNSS, 2023 and Section 175 of CrPC, 1973/Section 195 of BNSS, 2023 must also follow the prescribed modes of service.
- The Court stated, “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.”
Senior Advocate Siddharth Luthra, the amicus curiae in the case. He flagged a Standing Order dated January 26, 2024, issued by the office of the DGP, Haryana, which allowed police officers to serve notices under Section 41-A CrPC or Section 35 BNSS via WhatsApp, email, SMS, or other electronic means.
Luthra pointed out that while the BNSS, 2023, permits the use of electronic modes for conducting trials or inquiries, it does not allow the service of notices electronically under Section 35 BNSS.
The Court further directed:
- Monthly Committee Meetings: All High Courts were instructed to convene monthly meetings of their respective “Committees for Ensuring the Implementation of the Decisions of the Apex Court.” These meetings will ensure compliance with both past and future Supreme Court directives.
- Compliance Reports: Registrars General of High Courts and Chief Secretaries of all States/UTs were asked to ensure compliance with the directions within three weeks from January 21, 2025. The Court also ordered that compliance affidavits be sent within four weeks to the dedicated email address complianceinantil@gmail.com.
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The Court noted, “All the High Courts must ensure that monthly compliance reports are being submitted by the concerned authorities.”
The matter will be reviewed on March 18, 2025, to assess compliance with these directives.
Case Title:
Satender Kumar Antil v. CBI &Anr.
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