Due to COVID-19 induced lockdown, Supreme Court while hearing the suo moto case on extending limitation of statutes allowed for summons and notices to be served through email, fax and instant messaging applications. The Bench of Chief Justice of India SA Bobde and Justices R Subhash Reddy and AS Bopanna passed the order after hearing submissions by Attorney General KK Venugopal. The AG stated that the government was “not comfortable” with service of summons and notices through WhatsApp because it was “a completely encrypted platform”. However, allaying his concerns, CJI Bobde noted that the “blue tick” feature of the messaging application could prove whether message was delivered or not.
“If the two blue ticks are there then it can be proved under Evidence Act, but if the person has turned it off, then it cannot be proven. So WhatsApp can be used (for summons).”
– CJI Bobde