NEW DELHI: The police cannot serve notices to accused through WhatsApp or other electronic modes under the Criminal Procedure Code (CrPC) or Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, the Supreme Court has said.
A Bench led by Justice MM Sundresh directed all states and UTs to issue appropriate directions to the police for issuing notices under Section 41-A of the CrPC or Section 35 of the BNSS only through the mode of service permitted under the law.
“All states/UTs must issue a standing order to their respective police machinery to issue notices under Section 41-A of the CrPC/Section 35 of the BNSS only through the mode of service as prescribed under the CrPC/BNSS,” it said on January 21 while dealing with a case filed by one Satender Kumar Antil.
“It is made amply clear 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/BNSS,” said the Bench.