Rajasthan High Court: SMS & WhatsApp Messages Are Valid Notifications Under SC/ST Act
In a significant ruling, the Rajasthan High Court has held that informing a complainant about a bail hearing under Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, can be done via SMS or WhatsApp messages.
Case Background
The ruling came in response to bail cancellation applications filed by Ramesh Bairwa, who argued that he was not notified before the bail hearings of accused persons Manoj Pareek and Mahendra Chhipa. His counsel contended that a formal written notice was mandatory. However, the State countered that the complainant had been informed through mobile messages, with police records confirming notifications on August 25, 2022, and October 8, 2022.
Key Legal Issues
The case raised two main questions:
1. Does the law require formal written notice, or can digital communication suffice?
2. What constitutes sufficient proof that the victim was notified?
While the complainant’s counsel insisted on written notice, the State maintained that digital communication served the same purpose.
Court’s Observations
Justice Anoop Kumar Dhand upheld the validity of digital notifications, making three key points:
1. Mandatory Notification, Not Presence – While informing the complainant is essential, their presence in court is optional.
2. Adapting to the Digital Era – “The process of law cannot move like a bullock cart in the age of Information and Technology.”
3. Preventing Disputes – Investigating officers must submit proof (screenshots or logs) of digital notifications to the court before a bail hearing.
Verdict & Directives
The Court dismissed the bail cancellation applications, ruling that the complainant had been duly informed. It also issued a general directive to ensure better compliance in the future:
IOs and SHOs must notify complainants via SMS, WhatsApp, or text messages before bail hearings.
Digital proof of such notifications must be submitted in court.
A Nodal Officer will be appointed in each district to oversee implementation.
This judgment reinforces the importance of technology in streamlining legal procedures while ensuring due process is followed under the SC/ST Act.
