Karnataka High Court: Notices U/S. 35(3) BNSS Or U/S. 41A CrPC Cannot Be Served Via WhatsApp
|The impugned notice, dated February 14, 2025, was issued by the police in connection with Crime No. 193/2024, registered under Sections 66(C) and 66(D) of the IT Act, 2000, pending before the CJM Court, Bengaluru.
The Karnataka High Court has quashed a notice issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which was served via WhatsApp, reiterating that such service of notice is impermissible in law.
The Single Bench of Justice S.R. Krishna Kumar, while allowing a petition filed by Pavankumar, a resident of Tamil Nadu, observed that the issuance and service of notices through WhatsApp violate established legal procedures.
The impugned notice, dated February 14, 2025, was issued by the police in connection with Crime No. 193/2024, registered under Sections 66(C) and 66(D) of the Information Technology Act, 2000, pending before the 39th Additional Chief Metropolitan Magistrate (CJM) Court, Bengaluru.
The Court noted that the police had issued the notice under Section 35(3) BNSS/41(A) of the Code of Criminal Procedure (CrPC) via WhatsApp, which is not legally permissible.
Referring to the Supreme Court's ruling in Satender Kumar Antil vs. Central Bureau of Investigation & Anr. (2022), the Court emphasized that the Apex Court had categorically held that notices under Section 35(3) BNSS/41(A) CrPC cannot be served through WhatsApp.
"In the instant case, a perusal of the impugned notice dated 14.02.2025 will indicate that the same has been issued through WhatsApp, which is clearly impermissible in law in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra), and the same deserves to be quashed," the High Court said.
Granting liberty to the police, the Court allowed them to issue a fresh notice under Section 35(3) BNSS in accordance with the law. "...liberty is reserved in favour of respondent to issue fresh notice under Section 35(3) BNSS [41(A) of Cr.P.C.] to the petitioner and proceed further in accordance with law," the Court ordered.
Cause Title: Shri Pavankumar v. State of Karnataka & Anr. [Neutral Citation No. 2025: KHC: 7751]
Appearance:-
Petitioner: Advocate Gnanesha
Respondent: ASPP Rashmi Jadhav
Click here to read/download the Order