WhatsApp Cannot Replace Traditional Methods for Serving Notices to Accused: Supreme Court Ruling
Supreme Court rules that WhatsApp cannot be used as an alternative to serve legal notices to accused persons under CrPC or BNSS.
Supreme Court Rules WhatsApp and Other Electronic Means Cannot Replace Traditional Methods for Serving Notices to Accused under CrPC and BNSS
In a significant judgment, it has been asserted by the Supreme Court of India that WhatsApp or any other electronic medium cannot be considered a substitute for serving notices to individuals accused under the Code of Criminal Procedure (CrPC) or Bharatiya Nagarik Suraksha Sanhita (BNSS). Such a judgment emphasizes proper adherence to procedures established by law as a means to communicate with alleged offenders or ones who may likely be arrested.
The legal framework based on sections 41A CrPC and Section 35 BNSS:
The Supreme Court decision is centered around two crucial sections of Indian law that outline the procedure for notice issuance to an accused person. Section 41A of the CrPC and Section 35 of the BNSS both speak to a scenario where the police feel that immediate arrest of the suspect is not warranted, but the accused needs to be notified of the charges against him or her and then compelled to present himself or herself before the police.
Section 41A CrPC requires the police to give notice to an accused person, enabling him to present himself before the police without immediate arrest, except in specified circumstances. Likewise, Section 35 of the BNSS contains a similar provision for giving notices to accused persons. However, these provisions have now been put to test, especially with the advent of digital communication tools such as WhatsApp and email.
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Court’s Directive to States and Union Territories
The Supreme Court issued a clear directive in response to a case that challenged the use of electronic methods for serving notices. A Bench of Justice MM Sundresh and Justice Rajesh Bindal instructed all states and Union Territories to issue a Standing Order to their respective police departments mandating them to strictly follow the traditional modes of service for notices under both the CrPC and the BNSS.
As reflected in the orders of the court, service through WhatsApp, by emails, or similar electronic means may not be valid in lieu of the legal provision available under CrPC and BNSS. That decision calls for a formal procedure for communication such that it has a trace.
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The Haryana Government’s Objectionable Move
This judgment was issued after the Haryana government had permitted its police to serve notices under Section 41A of the CrPC and Section 35 of the BNSS through WhatsApp, email, and other digital platforms. Such an act raises security and legitimacy issues about the electronic notice that called for judicial intervention by the Supreme Court.
The Court’s decision to prevent electronic means as a substitute was intended to preserve the integrity of the legal process and ensure that accused individuals are properly notified in a manner that complies with established legal norms.
The Significance of the Ruling
This judgment by the Supreme Court holds significant implications for the future of policing and legal procedures in India. Although electronic modes of communication are common in life, the courts have clarified that the legal procedure needs more formalistic and verifiable modes of receiving notices to those accused. Given the court’s continued efforts toward monitoring the orders issued by the court, in particular with regards to unnecessary arrests, this judgment stands as a cornerstone in ensuring just and transparent delivery through the criminal justice system.
Essentially, the Supreme Court has just doubled down on the preservation of traditional legal safeguards in the new digital age through its instruction to the police to adhere to the set modes of notice service. Again, this judgment has brought harmony to law enforcement agencies and ensured that their actions are not only constitutional but also in tandem with established laws.
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