The Hon’ble Supreme Court, in Satendra Kumar Antil v. CBI (2022 INSC 690), held that notices under Section 41-A of the CrPC cannot be served via WhatsApp or other electronic means. The Court emphasized strict adherence to the service methods prescribed under Chapter VI of the CrPC, 1973. This ruling came in response to the Haryana government’s authorization of electronic service of notices, a practice followed in several states. Referring to Rakesh Kumar v. Vijayanta Arya (DCP) & Ors. (2021 SCC Online Del 5629), the Court reaffirmed that police must serve notices personally or, if the recipient is unavailable, to an adult family member at their residence. If neither is possible, the notice should be affixed at the residence. For public servants, service must be routed through their superior officer.
Further, in Amandeep Singh Johar v. State (NCT Delhi) (2018 SCC Online Del 13448), the Court laid down additional guidelines, including the presence of the Investigating Officer, issuance of notices in triplicate, special safeguards for women, minors, and the elderly, and the retention of notices for three years. This judgment reinforces the importance of procedural compliance and prevents the misuse of electronic service in criminal investigations.
