Ads Area

Supreme Court Prohibits Use of WhatsApp, Electronic Means for Serving Notices Under CrPC and BNSS

The Supreme Court has ruled that notices under Section 41A of the Code of Criminal Procedure (CrPC) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) cannot be served through WhatsApp or other electronic means. These sections allow for issuing notices to accused individuals whose immediate arrest is not required, instructing them to appear before the police.

A Bench comprising Justice MM Sundresh and Justice Rajesh Bindal directed all states and Union Territories to issue Standing Orders to their respective police departments, mandating adherence to the prescribed methods of service under the CrPC and BNSS. The court emphasized that electronic modes such as WhatsApp and email cannot be recognized as substitutes for the established procedures outlined in these laws.

“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, as reported by Bar and Bench. The ruling was issued during a hearing on the Satender Kumar Antil case, in which the court has previously issued significant directives to curtail unnecessary arrests of suspects and accused persons.

The court has been closely monitoring the implementation of its earlier directions. During the proceedings, it was informed that the Haryana government had permitted the use of electronic modes such as WhatsApp and email to serve notices under Section 41A of the CrPC and Section 35 of the BNSS.

In response, the court reiterated its position, directing all States and Union Territories to ensure that notices issued under Section 160 of the CrPC/Section 179 of the BNSS and Section 175 of the CrPC/Section 195 of the BNSS are served strictly in compliance with the prescribed modes under the respective laws.

This clarification underscores the judiciary’s insistence on maintaining procedural integrity and preventing deviations from established legal processes. 

Post a Comment

0 Comments
* Please Don't Spam Here. All the Comments are Reviewed by Admin.

Top Post Ad

Below Post Ad

www.indiansdaily.com GLOBAL INDIAN COMMUNITY
🔔JOIN:    

Ads Area

avatar
EDITOR Welcome to www.indiansdaily.com
Hi there! Can I help you?,if you have anything please ask throgh our WhatsApp
:
Chat WhatsApp