Police Cannot Issue Notice Of Appearance To Accused Via WhatsApp: Karnataka High Court

Quashing a notice under Section 35 (3) Bharatiya Nagarik Suraksha Sanhita, directing a 25-year-old man to appear before the Police which was served through WhatsApp, the Karnataka High Court reiterated that issuance and service of such notices via WhatsApp is impermissible in law. 

For context, Section 35(3) BNS states the police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person–against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence–to appear before him or at such other place as may be specified in the notice.

Justice S R Krishna Kumar while allowing a petition by one Pavankumar, who is a resident of Tamil Nadu, said “The notice dated 14.02.2025 issued by respondent No.1 Police to the petitioner under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita in respect of the case in Crime No.193/2024 registered for offences punishable under Sections 66(C), 66(D) of the Information Technology Act, 2000, pending on the file of 39th Addl. CMM (CJM) Court, Bengaluru City, is hereby quashed.”

Perusing through the material on record the court said that the same indicated that the Police had issued issued the notice under Section35(3) BNSS / 41(A) of Cr.P.C through Whats App, as was clear from the notice dated February 14.

It thereafter referred to Supreme Court's recent decision in Satender Kumar Antil Vs. Central Bureau of Investigation and Anr wherein the court categorically held that issuance and service of notice under Section 35(3) BNSS / 41(A) of Cr.P.C through Whats App is impermissible in law.

Accordingly the high court said, “In the instant case, a perusal of the impugned notice dated 14.02.2025 will indicate that the same has been issued through Whats App 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 court granted liberty to the police to issue fresh notice under Section 35(3) BNSS to the petitioner and proceed further in accordance with law.

Case Title: Pavankumar AND State of Karnataka & ANR

Appearance: Advocate Gnanesha N I for Petitioner.

ASPP Rashmi Jadhav for R1.

Case No: CRIMINAL PETITION NO. 2249 OF 2025

Citation No: 2025 LiveLaw (Kar) 80

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