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Service of Notice through Whatsapp or other electronic modes– Section 41-A Cr PC (Section 35 of BNSS 2023).  

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Service of Notice through Whatsapp or other electronic modes– Section 41-A Cr PC and Section 35 of BNSS 2023.  

The police machinery must not circumvent the mandate of Section 41-A of Cr PC by serving notices through WhatsApp or other electronic modes.  Such a service cannot be treated as a valid mode of serving notice under Section 41A Cr PC / Section 35 of BNSS, 2023.

The earlier judgment of the Supreme Court in Satender Kumar Vs.   CBI and another (2022 (10) SCC 51) is reiterated that the notice served throught WhatsApp or other electronic modes is not contemplated as a mode os service under Section 41A of Cr PC (now Section 35 of BNSS, 2023)

order-378892022-21-01-2025-583610.pdf

 Order dated 21.1.2025 of the Supreme Court of India in Misc.Application No.2034/2022 in MA 1849/2021 in SLP [Criminal] No.5191 of 2021 of Satender Kumar Antil Vs.  CBI and another.

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