Police can't serve accused notice via WhatsApp, other electronic means: SC
New Delhi (PTI): The Supreme Court has said police cannot serve notices to accused persons through WhatsApp or other electronic modes under the Criminal Procedure Code or Bhartiya Nagrik Suraksha Sanhita, 2023.
A bench of Justices M M Sundresh and Rajesh Bindal directed all states and union territories (UT) to issue appropriate directions to police for issuing notices under Section 41A of CrPC, 1973 or Section 35 of BNSS, 2023 only through the mode of service permitted under the law.
"All the states/UTs must issue a standing order to their respective police machinery to issue notices under Section 41-A of CrPC, 1973/Section 35 of BNSS, 2023 only through the mode of service as prescribed under the CrPC, 1973/BNSS, 2023," the bench said on January 21.
The top court went on, "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 direction came when the court accepted a suggestion by senior advocate Sidharth Luthra, appointed amicus curiae in the matter.
Luthra flagged instances where a notice under Section 41-A of CrPC, 1973 was sent through WhatsApp, but the accused did not appear before the investigating officer.
He said the police machinery must not circumvent the mandate of Section 41-A of CrPC, 1973 or Section 35 of BNSS, 2023 by serving notices via WhatsApp or other electronic modes, instead of following the normal mode of service.
The court passed the directions in the case of Satender Kumar Antil.
The bench further directed all high courts to hold its respective committee meetings to ensure both its past and present decisions were implemented on a monthly basis "at all levels" and monthly compliance reports were submitted by the authorities concerned.
The apex court directed the registrar generals of high courts and chief secretaries of all the states and UTs to ensure compliance within three weeks.
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Vijay says no to CM convoy until swearing-in: TVK
Chennai (PTI): TVK chief Vijay declined to accept the police convoy vehicles provided to Tamil Nadu chief minister as per protocol until his swearing-in, the party said on Thursday.
A police official confirmed that the CM convoy vehicles provided to him "as per protocol" following the announcement of the Assembly election results were returned and have not been withdrawn.
The official also said that arrangements were in place for the swearing-in ceremony.
The Tamilaga Vettri Kazhagam (TVK) clarified that its party founder Vijay had "personally requested that the convoy vehicles be returned". In a statement here, the TVK said: "Vijay conveyed that he would accept the official chief minister-level security only after forming the government with a decisive mandate".
Four convoy vehicles assigned to Vijay on May 4 after his TVK secured 108 seats in the Assembly polls returned from his residence following his request.
Even on May 6, the police had deployed security near his Panaiyur residence and in front of the Lok Bhavan here when Vijay called on Governor Rajendra Vishwanath Arlekar to stake his claim to form the government. Vijay did not use the government vehicle to meet the Governor.
