Delhi Court Rebukes Police for Summons via WhatsApp

• A Delhi court has criticized the police for serving summons through the messaging app WhatsApp, highlighting concerns about proper legal procedures.
• The court issued a notice to the Deputy Commissioner of Police (DCP) of the Western District, instructing appropriate action to be taken regarding this matter.

Background:-

• Additional District Judge Hemraj was presiding over a murder case filed at the Punjabi Bagh police station and was in the process of collecting evidence.
• One of the prosecution witnesses was absent and did not respond to repeated calls, as noted by the court.

Standing Order and Lack of Circular:-

• In February of the previous year, the Delhi Police Commissioner issued a standing order for summoning witnesses, according to the judge.
• However, the court pointed out that it received a letter from the DCP of the Western District stating that there is no circular from the Delhi Police allowing summons to be sent via WhatsApp.

Court’s Observations:-

• The judge expressed concern, stating that in many cases, witnesses are being sent summons solely through WhatsApp by police officers.
• The judge emphasized that police officers should make at least three attempts to personally serve the summons to witnesses.

Action Directed Towards DCP:-

• The court highlighted that the concerned head constable made no effort to serve the summons during the hearing,
• while the Inspector’s report displayed negligence.
• Consequently, the court directed the DCP of the Western District to take appropriate action in response to this issue.

Understanding the Summons Rule:-

• The service of summons is governed by Section 62 of the Criminal Procedure Code, which specifies the rules for its delivery.
• Summons should ideally be served by a police officer or any other public servant designated by the court issuing the summons, as per the rules established by the State Government.
• If possible, the summons should be personally delivered to the accused, along with a copy of the summons.
• The person summoned is required to sign a receipt on the back of the duplicate copy of the summons, upon the request of the serving officer.

Importance of Personal Service:-

• It should be noted that the accused’s residence cannot be entered for the purpose of summons service, and the summons cannot be served merely by ordering the accused.
• Personal service is considered essential to ensure proper legal procedure.
• This incident has brought attention to the need for adherence to established protocols in serving legal summonses and ensuring that witnesses receive proper notification in accordance with the law.