Admissibility of summons through Whatsapp in Legal Proceedings

In this era of digitalization ,the usage of WhatsApp in courts is neither surprising nor it’s a new thing.

Many courts within country are opting new modes with the usage of technology in judicial proceedings, particularly in serving of official documents. There are instances wherever the court allowed electronic means of communication to facilitate the court proceedings and expedite the delivery of justice. This might facilitate the right & a speedy trial.

The Code of Criminal Procedure (CrPC), 1973( Section 61 to 69 & Section 91-92) and Code of Civil Procedure (CPC), 1908 (Section 27 & order 5) both deal with the summons.

The HC of Delhi has also made rules regarding service of legal notices through email by the virtue of this discretion.

To avoid delay in actual service, a provision was made for the service of summons through registered acknowledgement due post.

The proof that a letter has been posted is typically evidence of its delivery under section 16 of the Evidence Act.

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