By admin Supreme Court Bars Service Of Section 41A Notices Via WhatsApp; Directs Strict Compliance With CrPC/BNSS Guidelines
The Supreme Court clarified that such practices are not recognized under the prescribed modes of service in the CrPC or BNSS, emphasizing the need for strict adherence to procedural norms.;
Supreme Court Bars Service Of Section 41A Notices Via WhatsApp; Directs Strict Compliance With CrPC/BNSS Guidelines
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The Supreme Court has ruled that police cannot serve notices under Section 41A of the Code of Criminal Procedure (CrPC), 1973, or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, through WhatsApp or other electronic modes.
The Court clarified that such practices are not recognized under the prescribed modes of service in the CrPC or BNSS, emphasizing the need for strict adherence to procedural norms.
The Bench of Justice MM Sundresh and Justice Rajesh Bindal issued these directions while monitoring compliance in the Satender Kumar Antil v. CBI case. The case has been pivotal in establishing safeguards against unnecessary arrests and ensuring fair treatment of undertrial prisoners.
Amicus Raises Concerns Over E-Notices
Senior Advocate Siddharth Luthra, amicus curiae in the matter, raised concerns about a Haryana Police Standing Order (dated January 26, 2024) that allowed service of Section 41A notices via WhatsApp, email, SMS, or other electronic means. He argued that such practices violate the established legal principles upheld in earlier judgments, including the Supreme Court’s 2022 decision in Satender Kumar Antil, which endorsed the Delhi High Court’s ruling in Rakesh Kumar v. Vijayanta Arya.
Luthra pointed out that while the BNSS, 2023, permits electronic means for conducting trials and inquiries, it does not extend such provisions to the service of notices under Section 35.
Key Directions Issued by the Court
1. Service Through Recognized Modes Only: All States and Union Territories must issue Standing Orders directing police to serve notices under Section 41A CrPC/Section 35 BNSS strictly through modes prescribed under these statutes. Notices served via WhatsApp, email, or other electronic means will not be recognized.
2. Adherence to Guidelines: States/UTs must ensure compliance with the guidelines issued in Rakesh Kumar v. Vijayanta Arya and Amandeep Singh Johar v. State (NCT Delhi), as upheld by the Supreme Court in Satender Kumar Antil.
3. Extension to Other Sections: Similar directives apply to notices under Section 160 CrPC/Section 179 BNSS and Section 175 CrPC/Section 195 BNSS, mandating service only through prescribed modes.
4. High Court Monitoring: All High Courts must convene monthly committee meetings to monitor compliance with Supreme Court directives, with progress reports submitted to the Court.
Compliance Deadlines
The Registrar Generals of High Courts and Chief Secretaries of States/UTs have been directed to ensure compliance within three weeks from January 21, 2025. Compliance affidavits must be filed within four weeks to a dedicated email address.
“The Registrar Generals of the respective High Courts and Chief Secretaries of all the States/UTs are directed to ensure that due compliance of the aforementioned directions (except Direction e) is made within a period of 3 weeks from today, and that the Compliance Affidavits be mailed within a period of 4 weeks from today to the dedicated email address for this purpose at complianceinantil@gmail.com. Needless to state, though the outer limit of 4 weeks for filing the Compliance Affidavits has been granted, however the learned counsel appearing for the respective High Courts, States/UTs and the Union of India shall ensure that the Compliance Affidavits reach the learned Amicus Curiae well within the time granted by us. In case of non-compliance, appropriate consequences would follow and the requisite orders shall be passed on the next date of hearing,” the Bench directed.
The Court will review compliance on March 18, 2025.
Cause Title: Satendar Kumar Antil v. CBI & Anr. [Miscellaneous Application No. 2034/2022 in MA 1849/2021 in SLP(Crl) No. 5191/2021]