The Supreme Court of India declared that police departments all over the country cannot issue notices to the accused persons through electronic media, such as WhatsApp. The judgments ensure that notices are issued only through the prescribed methods under the Code of Criminal Procedure (CrPC) and the Bhartiya Nagarik Suraksha Sanhita (BNSS).

The law-enforcing agencies usually issue notice under Section 41A of the CrPC or Section 35 of the BNSS to accused persons when their immediate arrest is not required. A notice is a formal request for the accused to appear before the police for questioning.

However, the Supreme Court clarified that the use of WhatsApp, email, or other electronic modes to serve these notices is neither recognized nor permitted under current legal provisions. 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.”

The case was brought due to a query raised by Senior Advocate Siddharth Luthra where he brought incidents of sending notices to the accused through WhatsApp. In one of the incidents, the accused had not appeared before the investigating officer, and the responsible officers did not take action.

Luthra also mentioned the fact that the Director General of Police, Haryana, had issued a Standing Order authorizing the officials to serve notices in person, or through WhatsApp, email, or SMS, or other electronic means. This mode, he claimed, waters down the seriousness and integrity of the legal proceeding itself.

The Supreme Court bench, comprising Justice MM Sundresh and Justice Rajesh Bindal, issued strict instructions to all states and union territories:

“All the States/UTs must issue a Standing Order to their respective Police machinery to issue notices under Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 only through the mode of service as prescribed under the CrPC, 1973/BNSS, 2023.”

Satender Kumar Antil case

The court also referred to its 2022 judgment in Satender Kumar Antil v. CBI, which had already established that WhatsApp and similar platforms are not acceptable for serving notices under Section 41A of the CrPC. This ruling strengthens the need to adhere strictly to the prescribed legal methods.

This would mean notices are served legally and in a verifiable manner. The Supreme Court, by rejecting electronic modes like WhatsApp, has protected the righteousness of due process and the very righteousness of the justice system itself.

States and union territories are now expected to issue Standing Orders so that police departments can adhere to the judgment. It aims to standardize the process and to eliminate any confusion regarding how notices ought to be served.