In a decisive ruling, the Supreme Court has barred the use of WhatsApp, email, or any electronic means for serving notices under Section 41A of the Code of Criminal Procedure (CrPC) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The Court emphasized that such digital methods cannot replace the formal service modes outlined in the CrPC or BNSS.
Highlighting the issue, the Court clarified that notices under Section 160 and Section 175 of the CrPC (or their BNSS counterparts) must also adhere strictly to prescribed service methods, rejecting electronic alternatives.
The ruling emerged during the ongoing case concerning unnecessary arrests and streamlining bail processes for undertrial prisoners. Concerns were raised over a directive by the Haryana Police permitting electronic service of notices, which the Court determined to be non-compliant with existing laws.
Drawing on precedent, the Court reaffirmed a 2022 judgment that unequivocally dismissed digital notice delivery as a lawful alternative. Notably, while the BNSS allows certain digital processes for trials and inquiries, it explicitly excludes e-notices under Section 35.
The Court issued stringent instructions:
- States and Union Territories must enforce orders mandating adherence to recognized service protocols for notices under relevant CrPC and BNSS sections.
- Police directives must align with legal guidelines established by prior court decisions.
- High Courts are tasked with monitoring compliance, requiring monthly reviews and reports.
Authorities have been directed to implement these measures promptly, with compliance deadlines set within weeks. The case is scheduled for further review in March.
This decision underscores the judiciary’s commitment to preserving procedural integrity while discouraging shortcuts in criminal justice administration.
