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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Allahabad HC sets aside maintenance order in favour of earning wife, says she didn't tell truth
Prayagraj (PTI): The Allahabad High Court has set aside a lower court order mandating a man to pay maintenance to his estranged wife, observing that she earns her living and did not reveal the true salary in her affidavit.
Justice Madan Pal Singh also allowed a criminal revision petition filed by the man, Ankit Saha.
"A perusal of the impugned judgment indicates that in the affidavit filed before the trial court, the opposite party herself admitted that she is a post-graduate and a web designer by qualification. She is working as a senior sales coordinator in a company and getting a salary of Rs 34,000 per month," the court said in the December 3 order.
"But in her cross-examination, she has admitted that she was earning Rs 36,000 per month. Such an amount for a wife who has no other liability cannot be said to be meagre; whereas the man has the responsibility of maintaining his aged parents and other social obligations," it observed.
The high court observed that the woman was not entitled to get any maintenance from her husband "as she is an earning lady and able to maintain herself".
The man's counsel argued in court that the estranged wife did not reveal the whole truth in the affidavit.
"She claimed herself to be an illiterate and unemployed woman. When the document filed by the man was shown to her before the trial court, she admitted her income during cross-examination. Thus, it is clear that she did not come before the trial court with clean hands," the counsel submitted.
The court, in its order, said, "Cases of those litigants who have no regard for the truth and those who indulge in suppressing material facts need to be thrown out of the court."
It impugned the lower court's February 17 judgment and order, passed by the principal judge of a family court in Gautam Buddh Nagar and allowed the criminal revision petition filed by the man.
