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Police cannot deliver an accused notice through WhatsApp, other electronic media: the Supreme Court

Police cannot deliver an accused notice through WhatsApp, other electronic media: the Supreme Court

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The Supreme Court has said that the police cannot comply with the notices to the accused people through WhatsApp or other electronic modes under the Code of Criminal Procedure or Bhartiya Nagrik Suraksha Sanhita, 2023.

A Bank of Judges MM Sindesh y Rajesh Bindal ordered all the states and territories of the Union (UT) that issues appropriate police instructions to issue notices under section 41a of CRPC, 1973 or section 35 of BNSS, 2023 only through of the mode of service allowed under the law.

“All states/UT must issue a permanent order to their respective police machinery to issue notices under section 41-A of CRPC, 1973/section 35 of BNSS, 2023 only through the service mode prescribed under CRPC, 1973/ BNSSS, 2023, ”said the bank on January 21.

The Supreme Court continued: “It is widely clear that the warning service through WhatsApp or other electronic modes cannot be considered or recognized as an alternative or substitute for the recognized and prescribed service mode under the CRPC, 1973/BNSS, 2023. “The direction occurred when the court accepted a suggestion of the main lawyer Sidharth Luthra, appointed Amicus Curiae in the matter.

Mr. Luthra marked cases in which a notice was sent under section 41-A of CRPC, 1973 through WhatsApp, but the defendant did not appear before the investigating officer.

He said that the police machinery should not avoid the mandate of section 41-A of CRPC, 1973 or section 35 of BNSS, 2023 by serving warnings through WhatsApp or other electronic modes, instead of following the normal service mode.

The court approved the instructions in the case of Satender Kumar Antil.

The Bank also ordered all the higher courts to hold their respective committee meetings to ensure that their past and present decisions will be implemented monthly “at all levels” and the interested authorities presented monthly reports of compliance in question.

Supreme Curt ordered the general registrars of higher courts and main secretaries of all states and UTS to guarantee compliance within three weeks.

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