Informing Complainant via SMS, WhatsApp Satisfies Section 15A of SC/ST Act: Raj HC

Informing Complainant via SMS, WhatsApp Satisfies Section 15A of SC/ST Act: Raj HC

The Jaipur bench of the Rajasthan High Court has ruled that the requirement under Section 15A of the SC/ST Act, which mandates informing the complainant before hearing the bail application of an accused under the Act, is satisfied even if the information is conveyed through mobile communication methods such as SMS or WhatsApp.

The court thus directed the Director General of Police and the state's Principal Secretary to instruct all investigating officers and station house officers across police stations that whenever the court orders the public prosecutor to inform the complainant, victim, or aggrieved party about a bail plea filed under the SC/ST Act, they must submit proof of communication—such as a screenshot of the message, text message, or WhatsApp message—on record. This measure is intended to enable the court to verify compliance.

For context, Section 15A of the SC/ST Act mandates that the complainant must be informed before the court hears the bail application of an accused charged under offenses punishable under the Act.

Justice Anoop Kumar Dhand in its order said, "...this Court takes notice of the fact that we are living in an era of Information and Technology. The process of law cannot move like a bullock cart pace or snail's pace in the age of Information and Technology. The Station House Officer and the Investigating Officer of all the Police Stations are required to be upgraded with the latest technological developments. Fruits of technology have to be put in the service of the people. In the legal process, the technology can play critical role in effectuating the fundamental rights of the citizens, in particular, and in upholding the process of law, in general. A Nodal Officer is required to be appointed in each District of the State of Rajasthan who shall supervise the staff entrusted to discharge the duty of delivering and effecting service of notices on the victims".


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