The Impressive TimesNew Delhi : The Supreme Court of India clarified that police authorities are not permitted to serve notices to accused individuals via WhatsApp or other electronic means under the provisions of the Criminal Procedure Code (CrPC), 1973, or the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023. The court stressed that notices under Section 41A of the CrPC or Section 35 of BNSS, 2023, must be issued using methods that are legally recognized and prescribed by the law.
The bench, comprising Justices MM Sundresh and Rajesh Bindal, directed all states and union territories (UTs) to issue specific instructions to their police forces to ensure notices are served through the prescribed legal channels only. The ruling, issued on January 21, 2025, follows concerns raised over police practices that had included serving notices to accused individuals through WhatsApp.
“It is made amply clear that service of notice through WhatsApp or other electronic modes cannot be considered or recognized as an alternative or substitute to the mode of service recognized and prescribed under the CrPC, 1973/BNSS, 2023,” the bench stated.
The ruling came as a result of suggestions made by senior advocate Sidharth Luthra, who was appointed as amicus curiae (friend of the court) in this matter. Luthra highlighted instances in which notices under Section 41-A of CrPC had been sent through WhatsApp, but the accused failed to appear before the investigating officer. He argued that the police must adhere strictly to the legal requirements of notice service, avoiding any shortcuts such as using digital communication platforms.
The case at hand involved Satender Kumar Antil, a former assistant provident fund commissioner at the Regional Office of the Employees’ Provident Fund Organisation (EPFO) in Noida. Antil had been booked by the Central Bureau of Investigation (CBI) under the Prevention of Corruption Act. The Supreme Court, in addressing this case, recommended that the Centre consider introducing a special Bail Act to streamline the process of granting bail.
The court further directed that all high courts hold regular committee meetings to ensure the implementation of its past and present decisions. The authorities concerned were instructed to submit monthly compliance reports to guarantee that the legal processes regarding notices and bail were followed at all levels of the judicial system.
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