SC allowed service of notices/summons/ document via WhatsApp, Telegram in addition to e-mail

Last updated: 12 June 2021

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Quick Summary

The Supreme Court has ruled that legal notices, summons, and documents can now be served using instant messaging apps like WhatsApp and Telegram, alongside email. This decision aims to overcome difficulties in physical service during lockdown periods. If using messaging apps, the same document must also be sent via email on the same day.

Court :
Supreme Court of India

Brief :
The Court considered it appropriate to direct that such services may be effected by e-mail, FAX, commonly used instant messaging services, such as WhatsApp, Telegram, and Signal etc. However, if such services are made by means of said instant messaging services, then in addition thereto, the service of the same document/documents must be made via e-mail on the same date.

Citation :
Suo Moto W.P. (C) No. 3/2020 dated on July 10, 2020

The Hon’ble Supreme Court in Re: Cognizance for Extension of Limitation [Suo Moto W.P. (C) No. 3/2020 dated on July 10, 2020] w.r.t. I.A. No. 48461/2020 observed that service of notices, summons and exchange of pleadings/documents, is a requirement of virtually every legal proceeding and that the service of notices, summons and pleadings etc. have not been possible during the period of lockdown because this involves visits to post offices, courier companies or physical delivery of notices, summons and pleadings. The Court therefore, considered it appropriate to direct that such services may be effected by e-mail, FAX, commonly used instant messaging services, such as WhatsApp, Telegram, and Signal etc. However, if such services are made by means of said instant messaging services, then in addition thereto, the service of the same document/documents must be made via e-mail on the same date.

FAQ :

Yes, the Supreme Court has allowed service of notices, summons, and documents via WhatsApp, in addition to email.

Yes, if a document is served via an instant messaging service like WhatsApp or Telegram, it must also be sent via email on the same date.

This measure was introduced to facilitate the service of legal documents during periods of lockdown when physical delivery through post or courier was difficult.

The ruling mentions commonly used instant messaging services such as WhatsApp, Telegram, and Signal.

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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