In a significant judgment, the Supreme Court of India, comprising Justice M.M. Sundresh and Justice Rajesh Bindal, reiterated the importance of procedural compliance in criminal investigations. The Court directed that notices under Section 41A of the Code of Criminal Procedure (CrPC) and Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, must not be served through WhatsApp or other electronic modes. The decision emphasized that adherence to statutory requirements is critical for ensuring the protection of due process.
Case Background
The case arose from irregularities in the issuance of notices under Section 41A of CrPC, which mandates that a person against whom a cognizable offense is alleged must be notified to appear before the investigating authority. The petitioner, Satender Kumar Antil, pointed out that police across several states had adopted WhatsApp and other electronic methods to serve notices, deviating from the procedures laid out in the CrPC and BNSS.
This case follows an earlier landmark judgment, Satender Kumar Antil v. CBI & Anr. (2022) 10 SCC 51, where the Supreme Court had provided comprehensive guidelines on handling undertrial prisoners and procedural compliance. Despite these guidelines, non-compliance and procedural lapses continued to surface, prompting the Court to address the issue again.
Important Legal Issues
The Supreme Court examined three critical legal issues in this case:
1. Mode of Service for Notices: Whether notices under Section 41A of CrPC and Section 35 of BNSS could be validly served via WhatsApp or other electronic platforms.
2. Compliance with Statutory Protocols: The extent to which police departments adhered to statutory mandates and guidelines set forth in previous judgments.
3. Monitoring and Enforcement: Whether institutional mechanisms were in place to ensure compliance with Supreme Court directives at the state and High Court levels.
Observations of the Court
Justice M.M. Sundresh, delivering the judgment, made several significant observations:
– “The statutory requirements for serving notices are not mere formalities but are critical to safeguarding the due process of law. Circumventing these safeguards undermines the rights of the accused and the integrity of the justice system.”
– The Court emphasized that notices under Section 41A of CrPC/Section 35 of BNSS must be served personally or through other recognized means as specified in Chapter VI of the CrPC and BNSS.
– Referring to the precedent in Rakesh Kumar v. Vijayanta Arya (2021), the Court noted that electronic communication methods like WhatsApp could not ensure proper receipt and acknowledgment by the recipient, creating room for procedural ambiguities.
Decision of the Court
The Supreme Court issued the following directives:
1. Prohibition of Electronic Modes for Serving Notices: All states and union territories must ensure that notices under Section 41A of CrPC/Section 35 of BNSS are served through prescribed modes of service, rejecting WhatsApp and similar platforms.
2. Standing Orders for Compliance: Police departments must issue standing orders in line with the Court’s directives to enforce proper service methods.
3. Institutional Monitoring: High Courts were instructed to hold regular committee meetings to monitor compliance with the Court’s guidelines and to submit monthly reports.
4. Deadline for Compliance Reports: Registrar Generals of High Courts and Chief Secretaries of states/UTs must submit compliance affidavits within four weeks.
The Court warned of strict consequences for jurisdictions failing to adhere to the compliance deadlines, particularly highlighting delays from Mizoram and Lakshadweep.
Case Details
– Case Title: Satender Kumar Antil v. Central Bureau of Investigation & Anr.
– Case Number: SLP(Crl) No. 5191/2021
– Bench: Justice M.M. Sundresh and Justice Rajesh Bindal
– Petitioner’s Counsel: Senior Advocate Sidharth Luthra, assisted by a legal team including Mr. Akbar Siddique and Mr. Karl P. Rustomkhan.
– Respondent’s Counsel: Additional Solicitor General Suryaprakash V. Raju and Mrs. Aishwarya Bhati, among others.
