Supreme Court Rules Against Serving Notices via WhatsApp or Electronic Modes Under CrPC and BNSS, 2023

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New Delhi: In a significant ruling, the Supreme Court of India has clarified that police cannot serve notices to accused persons through WhatsApp or other electronic modes under the Criminal Procedure Code (CrPC) or the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.

A bench comprising Justices M M Sundresh and Rajesh Bindal made the observation on January 21, 2025, directing all states and union territories (UTs) to issue appropriate instructions to police forces for serving notices only through the methods permitted by law.

The court emphasized that the use of digital platforms like WhatsApp cannot replace traditional methods of notice service outlined in the CrPC or BNSS. “All states/UTs must issue a standing order to their respective police machinery to issue notices under Section 41-A of CrPC, 1973 or Section 35 of BNSS, 2023 only through the mode of service as prescribed under the CrPC, 1973 or BNSS, 2023,” the bench stated.

This ruling clarifies that notices sent through electronic means, such as WhatsApp, cannot be treated as a legal substitute for the established modes of service under the CrPC or BNSS.

The court’s direction aims to ensure that legal procedures are strictly adhered to, maintaining the integrity of the criminal justice process and protecting the rights of individuals.

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