Supreme Court Bans Police from Using WhatsApp and Other Electronic Modes to Serve Notices

The Supreme Court of India has declared that notices under Section 41A of the Code of Criminal Procedure (CrPC) and Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) cannot be served via WhatsApp or other electronic platforms. This decision underscores the importance of adhering to established procedures for serving legal notices to ensure clarity, accountability, and acknowledgment by the recipients.

The ruling came in response to instances where electronic modes of communication were used to serve notices, leading to procedural ambiguities and concerns about proper acknowledgment. The Supreme Court referred to earlier judgments, including one by the Delhi High Court, which deemed such practices inconsistent with legal norms.

The court stated that electronic service of notices is not a valid alternative to the prescribed modes under CrPC or BNSS. Justice M.M. Sundresh, part of the bench delivering the judgment, emphasized that compliance with the law’s procedural requirements is non-negotiable to maintain the integrity of the legal process.

Key Directives:

1. Mode of Service:
   Police must serve notices in person or through the legally recognized methods outlined in CrPC and BNSS. Electronic communication, including WhatsApp, emails, or SMS, is not considered valid.
2. Institutional Monitoring:
   The court mandated High Courts to establish committees to oversee compliance with its guidelines and submit monthly reports.
3. Preventing Arbitrary Practices:
   The ruling aims to ensure that police actions, such as serving notices, do not violate procedural safeguards. This measure also prevents misuse of electronic service, which may lead to unacknowledged notices.
4. Accountability of States and Union Territories:
   The Supreme Court directed all states and Union Territories to issue standing orders aligning with these guidelines and to ensure adherence at all administrative levels.

This landmark decision reinforces the legal framework’s emphasis on transparency and procedural adherence, ensuring fairness in investigations and arrests. The move also seeks to safeguard the rights of accused individuals, preventing procedural lapses that could lead to arbitrary actions by law enforcement.

By standardizing the mode of service for notices, the Supreme Court aims to eliminate inconsistencies and ensure that all parties involved in the legal process have clarity and confidence in the system.

Legal experts and human rights activists have lauded the ruling as a step forward in protecting individual rights while maintaining the rule of law. The court’s directive highlights its commitment to balancing technological advancements with the sanctity of established legal procedures.