Case title – MANOJ KUMAR MOHANTY vs STATE OF ODISHA AND ANR
Citation – SLP(Crl) No. s/2025
Date – 31.10.2025
The Hon’ble Supreme Court again recently disapproved of serving court notices through social media platforms like WhatsApp or Twitter. The observation came during the hearing of an anticipatory bail plea in a rape case under Sections 64(2)(f), 351(2), 296, and 3(5) of the Bharatiya Nyaya Sanhita (BNS). The petitioner’s counsel said the complainant was unreachable and that notice was sent via WhatsApp.
The Hon’ble Court firmly remarked, “No, no. No WhatsApp or Twitter. Go and serve.” The Hon’ble Court directed the jurisdictional police to serve the victim personally within two weeks. The interim protection from coercive action against the petitioner was extended.
Previously, The Hon’ble Supreme Court has directed that police should not serve notice for appearance to the accused/suspect as per Section 41A of the Code of Criminal Procedure (Section 35 of the Bharatiya Nagarik Suraksha Sanhita) through WhatsApp or other electronic modes. A Registrar Court at the Supreme Court has also said that service of notice on a party via instant messaging platform WhatsApp or e-mail is not valid.
