New Delhi, January 28: The Supreme Court has said police cannot serve notices to accused persons through WhatsApp or other electronic modes under the Criminal Procedure Code or Bhartiya Nagrik Suraksha Sanhita, 2023. A bench of Justices M M Sundresh and Rajesh Bindal directed all states and union territories (UT) to issue appropriate directions to police for issuing notices under Section 41A of CrPC, 1973 or Section 35 of BNSS, 2023 only through the mode of service permitted under the law.
“All the states/UTs must issue a standing order to their respective police machinery to issue notices under Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 only through the mode of service as prescribed under the CrPC, 1973/BNSS, 2023,” the bench said on January 21. The top court went on, “It is made amply clear that service of notice through WhatsApp or other electronic modes cannot be considered or recognised as an alternative or substitute to the mode of service recognised and prescribed under the CrPC, 1973/BNSS, 2023.” 75 Years of Supreme Court: ‘A True People’s Court, Embodies Aspirations of 1.4 Billion’, Says CJI Sanjiv Khanna.
The direction came when the court accepted a suggestion by senior advocate Sidharth Luthra, appointed amicus curiae in the matter. Luthra flagged instances where a notice under Section 41-A of CrPC, 1973 was sent through WhatsApp, but the accused did not appear before the investigating officer. He said the police machinery must not circumvent the mandate of Section 41-A of CrPC, 1973 or Section 35 of BNSS, 2023 by serving notices via WhatsApp or other electronic modes, instead of following the normal mode of service.
The court passed the directions on plea related to the case of Satender Kumar Antil who was assistant provident fund commissioner at Regional Office EPFO in Noida. He was booked under the Prevention of Corruption Act by the CBI. The court had passed a slew of directions in his case and recommended the Centre to introduce a special enactment in the nature of a “Bail Act” to streamline the grant of bail. The top court had appointed Luthra to assist the court in the matter and submit suggestions on various issues including grant of bail, issuance of notice by police etc. Adani-Hindenburg Controversy: Supreme Court Dismisses Plea Directing SEBI To Submit Conclusive Probe Report of Case.
The bench further directed all high courts to hold its respective committee meetings to ensure both its past and present decisions were implemented on a monthly basis “at all levels” and monthly compliance reports were submitted by the authorities concerned. The apex court directed the registrar generals of high courts and chief secretaries of all the states and UTs to ensure compliance within three weeks.
(This is an unedited and auto-generated story from Syndicated News feed, Today News 24 Staff may not have modified or edited the content body)
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