Nagpur High Court Upholds Legality of WhatsApp Summons Under New Criminal Code
In a landmark ruling that clarifies the legal standing of digital communication in judicial processes, the Nagpur bench of the Bombay High Court has definitively held that summons issued through WhatsApp is legally valid under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This significant decision sets aside a previous order from a Pocso court in Nagpur that imposed costs on a police constable for effecting service via mobile phone.
Court Quashes Pocso Court's Order Imposing Costs on Constable
Justice Urmila Joshi-Phalke of the Bombay High Court quashed the January 21 order of the Pocso court in Nagpur, which had directed the recovery of costs from constable Santosh Ramteke. The trial court had based its decision on the grounds that serving summons through a mobile phone was "not allowed" under existing legal frameworks. The High Court faulted the trial court for ignoring the amended provisions under the BNSS, which explicitly accommodate electronic modes of service.
The Pocso court had noted that two prosecution witnesses in a pending case were absent, attributing the delay in recording evidence to the summons being served via mobile phone. Consequently, the court imposed costs on constable Ramteke for not utilizing a "legal mode" of service. This ruling was challenged by the Maharashtra government, which filed a criminal plea on behalf of the Lakadganj police station, arguing that the trial court overlooked critical sections of the BNSS.
BNSS Provisions Support Electronic Service of Summons
The state government's argument centered on BNSS Section 70, which deems electronically served summons as legally valid, and Section 530, which permits trials, inquiries, and proceedings—including the service of summons—to be conducted in electronic mode. Justice Joshi-Phalke emphasized that the primary purpose of serving summons is to put a person on notice, stating that "the mode is surely irrelevant" as long as this objective is achieved.
This ruling underscores a pivotal shift in India's legal landscape, aligning judicial procedures with technological advancements. By validating WhatsApp summons under the BNSS, the High Court has provided much-needed clarity for law enforcement and judicial authorities, ensuring that electronic communication can be effectively utilized in criminal proceedings without legal impediments.
The decision also highlights the importance of adhering to updated legal provisions, as the trial court's oversight of the BNSS amendments led to an erroneous imposition of costs. This case serves as a precedent for future instances where electronic service is employed, reinforcing the legitimacy of digital tools in the justice system.
