Supreme Law News

Can police serves Summons via WhatsApp- Know What Rules Says

A Delhi court has chastised the police for serving summons via WhatsApp. The court has issued a notice to the DCP of the Western District, instructing him to take appropriate action in this matter.

Additional District Judge Hemraj was hearing a murder case that had been filed at the Punjabi Bagh police station and was in the process of gathering evidence.

One of the prosecution witnesses was absent and did not respond to repeated calls, according to the court.

In February of last year, the Delhi Police Commissioner issued a standing order for the summoning of witnesses, according to Justice. In another case, the court noted that it had received a letter from the DCP of Western District stating that there is no circular from the Delhi Police allowing summons to be sent via WhatsApp.

“Previously, this court has seen in many cases that witnesses are being sent on WhatsApp by police officers,” the judge said.

“Police officers are still sending summons to witnesses only via WhatsApp,” he said. “You must visit at least three times.”

DCP has been directed to take action

The court stated that the concerned head constable made no attempt to serve the summons during the hearing. While the Inspector forwarded the report in this matter, which demonstrates inattention. In this regard, the court directed the DCP of the Western District to take appropriate action.

What is the training summons rule?

The service of summons is provided for in Section 62 of the Criminal Procedure Code, which reproduced hereinunder:

“62. Summons how served.

(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.

(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.

(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.”

Every summons shall be served by a police officer or any other public servant by an officer of the court issuing the summons under the rules made by the State Government, according to the rules.

Subsection 2 requires that summons be served with a copy of the summons delivered personally to the accused, if possible.

Subsection 3 requires the person named in the summons to sign in the form of a receipt on the endorsement part of the duplicate copy of the summons if the officer so requests.

The accused’s house cannot be entered for summons service, and the summons cannot be served by ordering the accused.

Dr. Ajay Kummar Pandey

( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant, Supreme Court of India & High Courts

4C Supreme Law International, Delhi, NCR. Mumbai & Dubai

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