Summons via WhatsApp not as per law, says Delhi court
New Delhi: 127.11.2021
A Delhi court has pulled up the police for serving summons to witnesses through WhatsApp in clear violation of instructions. It has been observed in numerous cases that the process server served summons to witnesses through WhatsApp messages or SMS, which has no sanction in law and cannot be deemed as proper service of summons, it said.
“No action can be taken against a witness on the basis of such a report if the witness opts to remain absent on the date fixed for his examination in court. In such situations, the date of hearing gets wasted without effective judicial work, which hampers the trial of case,” said Additional Sessions Judge Vishal Singh in an order on November 23.
The court issued notice to the DCP (Central) to issue strict instructions to all the police stations under his jurisdiction to ensure proper service of summons as per law and as per instructions mentioned on the summons.
The observations came after prosecution witnesses did not appear before the court. A report was filed, which stated that the summons were served to them through WhatsApp messages. TNN
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