Supreme Court Directs Police to Avoid Serving Notices via WhatsApp, Electronic Modes

The Supreme Court in the case of Satender Kumar Antil v. CBI has ruled that police should not serve notices for appearance to accused/suspects under Section 41A of the Code of Criminal Procedure (CrPC) (or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023) via WhatsApp or any other electronic means.

The Court emphasized that serving notices through WhatsApp or other electronic modes cannot be considered as an alternative or substitute for the traditional methods of service prescribed under the CrPC and BNSS.

Key Directives by the Court:

• Notices under Section 160 of CrPC/Section 179 of BNSS, 2023 and Section 175 of CrPC/Section 195 of BNSS, 2023 must only be issued through the traditional modes of service as per CrPC/BNSS.
• In the Satender Kumar Antil v. CBI case, the Court had previously issued directions to prevent unnecessary arrests and to ease the process for granting bail to deserving undertrial prisoners.

Background of the Issue:

• Siddharth Luthra, the amicus curiae in the case, raised concerns regarding the Haryana DGP's Standing Order (January 26, 2024) which allowed police to serve notices under Section 41-A of CrPC (Section 35 of BNSS) via WhatsApp, email, SMS, or other electronic modes.
• Luthra referred to a 2022 Supreme Court judgment which held that serving notices through WhatsApp or electronic means does not comply with the CrPC as it is not in line with the prescribed provisions of the CrPC.

Supreme Court's Directives:

1. Standing Orders: All States/UTs must issue Standing Orders to their police forces mandating that notices under Section 41-A of CrPC (Section 35 of BNSS) be served only through prescribed modes as per CrPC/BNSS.
2. Guidelines Compliance: Notices must be issued strictly in line with the guidelines set by the Delhi High Court in Rakesh Kumar v. Vijayanta Arya (2021) and Amandeep Singh Johar v. State (2018), as upheld in the Satender Kumar Antil case.
3. Additional Standing Orders: All States/UTs must also issue orders to ensure that notices under Section 160 of CrPC (Section 179 of BNSS) and Section 175 of CrPC (Section 195 of BNSS) are served only as prescribed under the CrPC/BNSS.

Monitoring and Compliance:

• The High Courts are directed to hold monthly meetings to ensure the implementation of the Supreme Court's directives.
• The Registrar Generals of the High Courts and Chief Secretaries of States/UTs are required to ensure compliance and submit Compliance Affidavits within 4 weeks from January 21, to a dedicated email address.

The matter will be reviewed on March 18, 2025, for compliance.