Supreme Court on Section 41A CRPC and Section 35 BNSS: The Supreme Court has objected to the arrest notice given by the police on WhatsApp. The court has issued an order to the police and said that WhatsApp or other electronic mediums should not be used as an alternative medium to issue notice to the accused. The Supreme Court has given this instruction to the police under Section 41A of CRPC and Section 35 of BNSS.
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A bench of Supreme Court Justice MM Sundresh and Justice Rajesh Bindal ordered all states and union territories to issue a permanent order to their respective police departments, in which they are only through the prescribed method of service under CRPC or BNSS Asked to issue notice. The bench should not use WhatsApp or other electronic mode as an alternative medium to give notice to the accused. The court has given this directive to the police with Section 41A (Section 35 of the Civil Protection Code of India) of the Criminal Procedure Code.
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In fact, a bench of Justice MM Sundresh and Justice Rajesh Bindal issued these instructions in the Satendra Kumar Anthil vs CBI case, in which the court issued orders for the ease of stopping unnecessary arrests and giving ease of bail to eligible prisoners. The court has been issuing orders from time to time to monitor the matter by the states and the High Courts to monitor compliance of instructions.
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In the case, senior advocate Siddharth Luthra raised the topic of giving notice under Section 41A CRPC through WhatsApp. During this time he cited a permanent order of 26 January 2024 issued by the office of DGP, Haryana, which police officers to CRPC, Section 41-A/BNSS of 1973, personally or WhatsApp, e-mail under Section 35 of 2023 Allows notices through SMS or any other electronic mode.
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Advocate Siddharth Luthra said, “In the 2022 judgment of Satendra Kumar Anule, the Supreme Court upheld the Delhi High Court verdict in Rakesh Kumar vs Vijayant Arya (DCP) and others.” The order stated that the notice given in WhatsApp or other electronic methods was not considered as a method of service under Section 41-A (which is now BNSS, Section 35 of BNSS, 2023) of CRPC, 1973 as it is not considered as a method of service as it The Chapter of CRPC, 1973 is not according to VI.
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