Tue Jan 28 11:44:29 UTC 2025: ## Supreme Court Bans WhatsApp Notices to Accused
**New Delhi, January 28, 2025** – The Supreme Court of India has ruled that police cannot serve notices to accused individuals via WhatsApp or other electronic means. The court’s decision, delivered on January 21st, clarifies that notices under Section 41A of the Criminal Procedure Code (CrPC) 1973 and Section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023, must be served only through legally prescribed methods.
The ruling stems from a case involving Satender Kumar Antil, where a notice was issued via WhatsApp. Amicus curiae, senior advocate Sidharth Luthra, highlighted instances of notices being sent electronically, resulting in accused individuals failing to appear before investigating officers. Luthra argued that this practice circumvents the legal process.
The Supreme Court has directed all state and union territory governments to issue standing orders to their police forces, mandating adherence to the legally defined methods of service. The court explicitly stated that electronic methods like WhatsApp are not acceptable substitutes for legally mandated service.
Furthermore, the court has instructed all High Courts to conduct monthly meetings to review the implementation of its decisions and submit compliance reports. The Registrar Generals of High Courts and Chief Secretaries of all states and union territories have been given three weeks to ensure compliance. This comprehensive directive aims to ensure uniformity and adherence to legal procedure in serving notices to accused persons.
First Piper 