The Supreme Court has ruled that notices issued under Section 41A of the Code of Criminal Procedure (CrPC) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) cannot be served via WhatsApp or other electronic means. The Court clarified that such methods do not comply with the service procedures prescribed under the CrPC, 1973, or BNSS, 2023.
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- Service Mode: Notices served electronically bypass the procedure outlined in Chapter VI of CrPC or BNSS.
- Standing Orders: Haryana police's Standing Order dated 26 January 2024 allows notices to be served electronically, contradicting statutory requirements.
- Electronic Communication Restrictions: Although BNSS permits electronic methods for trials, it does not allow notices under Section 35 BNSS to be served electronically.
Supreme Court Directives:
The Court issued several directives to ensure adherence to procedural norms:
- Mode of Notice Service: States and Union Territories (UTs) must ensure notices under Section 41A of CrPC or Section 35 of BNSS are served strictly as prescribed under these statutes. Electronic modes like WhatsApp or SMS are not permissible.
- Implementation by Police: All states and UTs must amend their Standing Orders to align with these directives, following precedents set by judgments such as Rakesh Kumar v. Vijayanta Arya.
- Monitoring Mechanisms: High Courts must hold monthly compliance meetings and ensure timely submission of compliance reports.
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The Supreme Court emphasized that electronic notices are not valid substitutes for the prescribed methods under CrPC or BNSS. Additionally, the compliance mechanisms outlined aim to standardize procedures across states and UTs. The matter is scheduled for review on 18 March 2025, with non-compliance subject to consequences.
