In a landmark ruling, the Rajasthan High Court has held that compliance with Section 15A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act)—which mandates informing the complainant before hearing a bail application—can be fulfilled even if the information is conveyed through SMS or WhatsApp messages.
The ruling was delivered by Justice Anoop Kumar Dhand, who also issued a general mandamus directing the Director General of Police (DGP) and Principal Secretary, Department of Home, Government of Rajasthan, to ensure that investigating officers (IOs) and station house officers (SHOs) provide digital proof of such communication before bail hearings.
Case Background
The case arose from two bail cancellation applications—S.B. Criminal Bail Cancellation Application No. 20/2023 and No. 21/2023—filed by Ramesh Bairwa, the complainant. The applications sought the cancellation of bail granted to Manoj Pareek and Mahendra Chhipa, who were accused under the SC/ST Act.
The complainant contended that he was never notified before the accused’s bail hearings, as required under Section 15A(3) of the SC/ST Act. His legal counsel, Advocates Sandeep Sharma and Krishan Kumar Yadav, argued that this lapse invalidated the bail orders, as proper notice to the victim was a mandatory requirement under the law.
On the other hand, the State, represented by Government Advocates Rajesh Choudhary, Manvendra Singh Choudhary, Vinod Sharma, Manish Gupta, Sameer Sharma, and Neeraj Sharma, countered that the complainant was indeed informed about the bail hearings. They presented police records indicating that notifications were sent via mobile communication—on August 25, 2022, for Manoj Pareek and on October 8, 2022, for Mahendra Chhipa.
Important Legal Issues
The case revolved around two key legal questions:
1. Does notification under Section 15A of the SC/ST Act require formal written communication, or can it be fulfilled via digital means such as SMS or WhatsApp?
2. What constitutes sufficient proof that the victim has been notified before a bail hearing?
The complainant’s counsel argued that a formal written notice was mandatory, and verbal or digital communication did not satisfy the legal requirement. However, the State contended that conveying the information via mobile message fulfilled the purpose of the law, as it ensured that the complainant was aware of the proceedings.
Court’s Key Observations
After analyzing the case records and the affidavit submitted by the police, Justice Anoop Kumar Dhand made significant observations regarding the validity of digital notifications under the SC/ST Act:
1. On the sufficiency of SMS/WhatsApp notification:
“Notice under Section 15(A)(3) of the Act is mandatory in nature, but the presence of the victim during the proceedings is not. Upon receipt of notice, it is up to the victim to participate or not.”
2. On the use of technology in legal procedures:
“We are living in an era of Information and Technology. The process of law cannot move like a bullock cart or at a snail’s pace in the age of Information and Technology.”
3. On preventing disputes regarding victim notification:
“Whenever the Court directs the Public Prosecutor to send information to the complainant, victim, or aggrieved party, investigating officers shall produce a proof/screenshot of the message, text message, or WhatsApp message on record, enabling the Court to pass appropriate orders before deciding the bail application.”
Decision of the Court
After reviewing all arguments and evidence, the Court ruled that:
The complainant had been duly notified via mobile communication, as documented in police registers and case diaries.
Section 15A of the SC/ST Act does not require written notice if the complainant is informed through digital means.
There was no procedural lapse warranting cancellation of the bail orders.
Accordingly, the Court dismissed the bail cancellation applications.
However, in a forward-looking directive, the Court issued a general mandamus to the Director General of Police (DGP) and the Principal Secretary, Department of Home, Rajasthan, instructing them to:
Ensure that all investigating officers (IOs) and station house officers (SHOs) notify complainants via SMS, WhatsApp, or text messages regarding bail hearings under the SC/ST Act.
Require IOs and SHOs to submit digital proof (screenshots or logs) of such notifications in court records before a bail application is heard.
Appoint a Nodal Officer in each district to oversee compliance with this directive.
