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Does judge have authority to order alternate electronic service
31-Aug-2026 (In Criminal Law)
Old Cr PC not have provision to serve summon via electronic means. Covid time electronic service exception now over. If judge issue order to serve summon first time by WhatsApp can defendant prevail if he make recall application in sessions court by arguing Cr PC not support electronic service.
Once a judge has made an order for issuing summons through all modes, service has to be affected through WhatsApp as well.
recall application can be filed only when the orders suffers from a defect which significantly affect the case of the person file in the application
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Adv. Kunal Seth
Adv. Kunal Seth
Delhi | 700+ Answers
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No, the argument that CrPC does not support electronic service will not succeed now.
Though old CrPC Section 62 provided only physical service, Supreme Court in Suo Motu Writ Petition (Civil) No.3/2020 allowed service via WhatsApp, Email, Fax during Covid and this has been continued by various High Courts as valid service.
More importantly, under new law, *BNSS Section 69(1) expressly allows service of summons through electronic means* including WhatsApp. Courts have held that if electronic service is accompanied by proof of delivery/read and is authorized by Court order, it is deemed proper service.
If Judge has specifically ordered WhatsApp service as first service, a recall application only on ground that CrPC does not support electronic mode will not prevail. Defendant should instead focus on merits or prove that he did not receive or number is not his. Mere technical objection of electronic mode is not a valid ground now.
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Adv. Anchal
Adv. Anchal
Delhi | 5+ Answers
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a recall application in Sessions Court solely arguing that “CrPC did not permit WhatsApp service” would not automatically entitle the accused to recall/preventive relief. The stronger challenge would be based on whether the particular service complied with the applicable statutory procedure, court directions/rules, authenticity of the WhatsApp number, proof of delivery, and whether the accused actually had notice and suffered prejudice. If the Magistrate specifically ordered WhatsApp service and the accused received the summons, the challenge is considerably weaker
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Adv. Madhvi Chopra
Adv. Madhvi Chopra
Delhi | 50+ Answers
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The absence of an express provision in the old CrPC specifically mentioning WhatsApp does not automatically make service through electronic means invalid. Courts have, in appropriate cases, permitted service through electronic modes, particularly where the identity and delivery of the communication can be established. However, the validity of service depends on the applicable statutory provisions, High Court rules, judicial directions and whether the accused actually received adequate notice.
If the Sessions Court has directed service of summons through WhatsApp, the defendant may file an application seeking recall or challenge of the service order, but merely arguing that the CrPC does not expressly provide for WhatsApp service may not by itself succeed. The stronger grounds would be lack of proper service, absence of proof of delivery, wrong number, denial of receipt, prejudice caused, or violation of principles of natural justice. The court will ultimately examine whether effective notice was actually served and whether the accused had a fair opportunity to appear and defend the proceedings.
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Adv. Yuganshu Sharma
Adv. Yuganshu Sharma
Delhi | 700+ Answers
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Yes, if the case is governed by the old CrPC, the defence can argue that CrPC did not expressly recognise WhatsApp/electronic service as a statutory mode of serving summons. The Supreme Court had permitted electronic service during the COVID period as a judicial measure, but that does not automatically amend the CrPC.
Therefore, the accused can seek recall/re-service of the summons before the Sessions Court, particularly if WhatsApp was the first and only mode of service and there was no valid statutory service.
However, under the BNSS, electronic service is now expressly recognised under Section 64(2), subject to the prescribed requirements.
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Adv. Jayatee Chatterjee
Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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