Police cannot send notice to the accused through WhatsApp or e-mail, SC gave instructions

Supreme Court: This direction of the SC came when the court accepted the suggestion of senior advocate Siddharth Luthra in this matter.

Tue, 28 Jan 2025 11:02 PM (IST)
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Police cannot send notice to the accused through WhatsApp or e-mail, SC gave instructions
Police cannot send notice to the accused through WhatsApp or e-mail, SC gave instructions

The police of any state of the country will not be able to give notice to the accused through WhatsApp or other electronic means. In a major turn, the Supreme Court has put a stay on the police's move. The SC said the police cannot give notice under CrPC as well as code Indian Civil Security 2023 by using WhatsApp or any other Electronic Mean.

The Supreme Court passed an order to direct all states and union territories to issue appropriate instructions to the police that notice under Section 41A of CrPC, 1973, or Section 35 of BNSS, 2023, be issued only through the service permitted under the law.

This direction of SC came when the court accepted the suggestion of senior advocate Siddharth Luthra in this matter. Advocate Luthra referred to cases where WhatsApp was used to send notice to the accused. However, the accused did not appear before the investigating officer.

He said that the police machinery should not disobey the order of Section 41-A of CrPC, 1973 or Section 35 of BNSS, 2023 by issuing notice through WhatsApp or other electronic means instead of following the normal service procedure. The court passed this direction in the case of Satendra Kumar Antil.

The Supreme Court bench has issued instructions to all the High Courts. The bench said that they should hold a meeting of their respective committees to ensure that their previous and current decisions are followed at all levels every month and compliance reports should be submitted every month by the concerned officials. The Supreme Court has ordered the Registrar General of the High Court and the Chief Secretaries of all the states and union territories to ensure compliance within three weeks.

Muskan Kumawat Journalist & Writer