Social Media platforms such as WhatsApp, Telegram and E-Mail services are now gaining a prime importance in the legal industry. The Covid-19 pandemic has resulted in digital summons and notice services in the country.
It was in the case of SBI Cards & Payments Services Pvt Ltd vs Rohidas Jadhav[1], the Bombay High Court first time recognised and validated the service of notices through WhatsApp. Justice Gautam Patel, who was hearing the case, said “For the purposes of service of notice under Order XXI Rule 22 of the Code of Civil Procedure, I will accept this. I do so because the icon indicators clearly show that not only was the message and its attachment delivered to the respondent’s number, but that both were opened as well.“
According to the law, a legal notice can be served to an individual or firm via registered post or by visiting in person. However, this has changed in recent times after the enactment of the I-T Act, which recognises electronic communication such as e-mails and text messages as legal evidence.
Therefore recently on 10th July 2020, Chief Justice of India S.A. Bobde observed that “It has been brought to our notice that it was not possible to visit post offices for services of notices, summons, and pleadings. Such service of all the above may be done through email, fax and other instant messenger services like WhatsApp and other telephone messenger services.”
With the increasing severity of Covid-19 cases in India, this decision by the Supreme Court of India has given a major ease of compliance in procedure to be followed to all the advocates and the court administrators in the effective functioning of the courts.
[1]2018 SCC OnLine Bom 1262