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Supreme Court Verdict : Police Can’t Serve Appearance Notices via WhatsApp

13Aug

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Supreme Court

Supreme Court Verdict : Police Can’t Serve Appearance Notices via WhatsApp

The Supreme Court dismissed the application seeking modification of its earlier order, holding that electronic communication (e.g., WhatsApp) is not a valid mode for serving notices under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Court emphasized that such notices, which impact personal liberty, must adhere strictly to prescribed modes of service under the BNSS. It clarified that while electronic service is permissible for court summons under Sections 63, 64, and 71 of the BNSS, the same cannot be extended to investigative notices under Section 35, as the legislative intent excludes electronic modes for this purpose. The judgment underscores the importance of safeguarding individual liberty under Article 21 of the Constitution. Facts Of The Case: The case aro...

No Narco Test Without Consent: Supreme Court Cites Constitutional Rights

The Supreme Court ruled that involuntary narco-analysis tests violate Articles 20(3) and 21 of the Constitution, affirming that such tests and information derived from them are inadmissible as sole evidence for conviction. While voluntary tests with safeguards are permissible, their results alone cannot lead to conviction. An accused has a right to voluntarily undergo the test during trial, but it's not an indefeasible right; the court must assess all circumstances, including free consent and safeguards. The Court emphasized that a bail application should not involve ordering such involuntary investigative techniques. Facts Of The Case: A First Information Report (FIR No. 545 of 2022) was registered on August 24, 2022, at P.S. Mahua, under various sections of the Indian Penal Code, 1860,...

Supreme Court Slams Assam Police Over Encounters, Calls for Independent Inquiry

The Supreme Court set aside the High Court's judgment and directed the Assam Human Rights Commission (AHRC) to conduct an independent inquiry into alleged police encounters, emphasizing adherence to PUCL guidelines. The Court mandated public notice for victims, confidentiality of identities, and the provision of legal aid, reinforcing the AHRC's role in upholding human rights and ensuring accountability. Facts Of The Case: Arif Md. Yeasin Jwadder, the appellant, brought an appeal against the Gauhati High Court's judgment dated January 27, 2023, which dismissed PIL No. 86/2021. The PIL sought records of alleged fake encounters in Assam, registration of FIRs against police officials, and independent investigations in compliance with the guidelines laid down in People's Union for Civil Li...