Supreme Court Restricts Police from Using WhatsApp for Notices

The Supreme Court clarified that police cannot serve notices to accused individuals via WhatsApp or other electronic means under the Criminal Procedure Code and Bhartiya Nagrik Suraksha Sanhita, 2023. The court has instructed states and union territories to adhere strictly to statutory methods for issuing such notices.

In a recent directive, the Supreme Court of India has ruled against the use of WhatsApp or other electronic platforms by police for serving notices to accused individuals under the Criminal Procedure Code and the Bhartiya Nagrik Suraksha Sanhita, 2023. The directive emphasizes adherence to the traditional and legally accepted modes of service.

A bench comprising Justices M M Sundresh and Rajesh Bindal urged states and union territories to direct their police forces to comply strictly with the statutory methods of serving notices. Notices should be issued under the specified sections of the CrPC and BNSS only through legally recognized modes.

The decision stems from concerns raised by senior advocate Sidharth Luthra, who highlighted cases where electronic notifications failed to secure the appearance of the accused. The Supreme Court's directive accompanies broader recommendations for systemic reforms, including a potential 'Bail Act' to streamline the bail process.

(With inputs from agencies.)