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.