The Supreme Court has ruled that police cannot serve notices to accused individuals via WhatsApp or other electronic means under the Criminal Procedure Code (CrPC) or the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.

A bench comprising Justice MM Sundresh and Justice Rajesh Bindal directed all states and union territories to issue instructions to their police forces to serve notices under Section 41-A of the CrPC or Section 35 of the BNSS strictly through the prescribed legal methods. The court emphasized that notices must be served only through the modes recognized by law, as outlined in the CrPC or BNSS.

On January 21, the bench ordered, "All states and UTs must issue standing orders to their police forces to serve notices under Section 41-A of the CrPC or Section 35 of the BNSS exclusively via the service methods specified in the CrPC/BNSS."

The court further clarified, "Service of notices through WhatsApp or other electronic methods cannot be deemed a valid alternative or substitute for the legally prescribed methods of service under the CrPC/BNSS."

This directive followed a suggestion from senior advocate Sidharth Luthra, who was appointed amicus curiae in the case. Luthra highlighted instances where notices under Section 41-A of the CrPC were sent via WhatsApp, but the accused failed to appear before the investigating officer. He argued that police should not bypass the mandatory procedures outlined in Section 41-A of the CrPC or Section 35 of the BNSS by using WhatsApp or similar electronic methods of communication.

The court issued these directions in the case of Satender Kumar Antil.