The Karnataka High Court recently set aside a WhatsApp notice issued by the Karnataka police to a student facing identity theft allegations.
The bench headed by Justice S.R. Krishna Kumar noted that the Supreme Court has already held that WhatsApp notices cannot replace the prescribed modes of service outlined in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) or the former Code of Criminal Procedure (CrPC).
"Recently in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Anr, the Apex Court has categorically held that issuance and service of notice under Section 35(3) BNSS / 41(A) of CrPC through WhatsApp is impermissible in law," the February 19 ruling said.
Accordingly, the High Court quashed the WhatsApp notice while allowing the police to issue a fresh notice in compliance with legal provisions. As per Section 35 of the BNSS and Section 41A of the CrPC, in cases where an arrest is not necessary, the police may serve a notice directing the accused to appear before them.
Notably, in a ruling last month, the Supreme Court reaffirmed that the police cannot use WhatsApp or other electronic means as a substitute for serving such notices.
"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," the top court had held.
However, despite the Supreme Court’s ruling, the Adugodi Police Station in Karnataka issued a notice via WhatsApp on February 14 to a 25-year-old student from Tamil Nadu, directing him to appear in connection with a criminal case involving allegations of identity theft and impersonation using a computer resource.
Challenging this notice, the student approached the High Court, which quashed it and clarified that the police could issue a fresh notice in accordance with the law.
"In the instant case, a perusal of the impugned notice dated 14.02.2025 will indicate that the same has been issued through WhatsApp which is clearly impermissible in law in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra) and the same deserves to be quashed ... However, liberty is reserved in favour of respondent to issue fresh notice under Section 35(3) BNSS [41(A) of Cr.P.C] to the petitioner and proceed further in accordance with law," the Court said.
Advocate Gnanesha NI represented the petitioner.
Additional Special Public Prosecutor Rashmi Jadhav appeared for the State.
Website designed, developed and maintained by webexy