BHOPAL: Madhya Pradesh has achieved a significant milestone by becoming the first state in India to formalize rules allowing the digital issuance of summons and warrants. This pioneering initiative permits the use of electronic methods such as email, messaging apps like WhatsApp, and text messages in its judicial processes.
The state’s Home Department has introduced the “Madhya Pradesh Electronic Processes (Issuance, Service and Execution) Rules, 2024,” which have been officially published in the Madhya Pradesh Gazette. This development, sanctioned under the country’s new law, the Bharatiya Nagarik Suraksha Sanhita (Indian Civil Security Code) 2023, aims to accelerate judicial procedures, fortify legal proceedings, and enhance the efficiency of the judicial system.
According to the gazette notification issued by the Home Department, these new rules apply when the concerned individual uses messaging apps such as WhatsApp or other digital communication methods like email or text messaging.
For individuals (accused, witnesses, or complainants) unfamiliar with digital communication services, summons and warrants will continue to be served in the conventional manner by the staff of the respective police station.
Under the new rules, if a summons or warrant is sent via email to a known electronic address and there is no bounce back or error message from the mail server, it will be considered as effectively served.
In cases where summons are served via other electronic means, such as messaging applications, the acknowledgment will be included in the service report, which must detail the mobile number, messaging application used, and a screenshot or photo confirming delivery.
The rules clearly stipulate that in case any process is issued in cases relating to offences under Sections 64 to 71 of the Bharatiya Nyaya Sanhita (45 of 2023) or offences against women or child, the officer-in-charge of the police station shall ensure that the identity of the victim is not revealed in any manner in course of service or execution.
Identity remains secret
The rules also specify that in cases that have offences under Sections 64 to 71 of the Bharatiya Nyaya Sanhita (45 of 2023), or offences against women or children, the police station’s officer-in-charge must ensure the victim’s identity remains confidential during its service and execution.