In a recent ruling, the Karnataka High Court has categorically held that the service of legal notices via WhatsApp is not legally permissible. Justice S.R. Krishna Kumar, while delivering judgment in Criminal Petition No. 2249 of 2025, quashed a police notice served via WhatsApp to the petitioner, stating that such a practice is impermissible in law and violates the statutory requirements of service of notice under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Background of the Case
The case stemmed from a notice issued by Adugodi Police Station, Bengaluru, under Section 35(3) of the BNSS, 2023, in connection with Crime No. 193/2024, which was registered for alleged offenses under Sections 66(C) and 66(D) of the Information Technology Act, 2000. The petitioner, Sri Pavankumar, a 25-year-old student from Hosur, Tamil Nadu, moved the High Court challenging the validity of the notice, which was issued via WhatsApp on February 14, 2025. The case was pending before the 39th Additional Chief Metropolitan Magistrate (CJM) Court, Bengaluru City.
The petitioner, represented by Advocate Gnanesha N. I., contended that the notice did not comply with legal provisions and was therefore invalid. The State of Karnataka, represented by Additional State Public Prosecutor (ASPP) Smt. Rashmi Jadhav, argued in favor of the notice, stating that digital communication methods, including WhatsApp, were used for efficiency in law enforcement.
Key Legal Issues
Whether service of legal notices via WhatsApp is valid under Indian law.
Whether the notice issued to the petitioner complied with statutory requirements under Section 35(3) BNSS, 2023 (formerly Section 41(A) of Cr.P.C.).
Whether police authorities can justify WhatsApp service of notices based on expediency and ease of communication.
The petitioner relied heavily on the Supreme Court’s judgment in Satender Kumar Antil vs. Central Bureau of Investigation & Anr., where it was explicitly ruled that notices under Section 35(3) BNSS/41(A) Cr.P.C. must be served in person and not through electronic means such as WhatsApp.
Court’s Observations
Justice S.R. Krishna Kumar, in his judgment, unequivocally stated:
“Service of notice under Section 35(3) BNSS [41(A) Cr.P.C] through WhatsApp is impermissible in law and cannot be considered a valid mode of service. The police must adhere to the prescribed statutory procedures.”
The court further observed that the Supreme Court had issued clear guidelines directing all States and Union Territories to ensure compliance with statutory provisions for service of legal notices and explicitly barring reliance on WhatsApp or any other electronic messaging platforms as a substitute for personal service. The court emphasized that procedural safeguards are an essential part of the criminal justice system and must be strictly followed to ensure fairness and transparency in legal proceedings.
Court’s Decision
After considering the arguments, the Karnataka High Court ruled that the notice issued to the petitioner was legally untenable and accordingly quashed it. However, the court granted liberty to the police to serve a fresh notice in accordance with the law, ensuring proper compliance with statutory mandates.
Justice Krishna Kumar reiterated that law enforcement agencies must strictly follow the procedures prescribed by the law when issuing notices and cannot resort to alternative methods such as WhatsApp for convenience.
