Most of these case were commercial cases. The underlying principle of the right to a speedy trial is used in Expedited court proceedings and the court has followed the same principle by allowing the use of Whatsapp to serve summons, therefore it is in harmony with constitutional principle. However, there was no breach of privacy by the court in such cases. The breach of privacy is the loss of, unauthorized access to, or disclosure of, personal information. As a subscriber, you are not only a beneficiary of our work but also its enabler. Every android user use whatsapp so i share this great trick to use whatsapp account with US number. 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Here, the court permitted the service of Notice by email along with the ordinary mode of serving notice. The Principal District Judge, A. Muthusaratha, in a communication said that filing of bail applications and arguments would be only done online. The admission of Whatsapp in the court proceedings was the last resort and it is adopted when all the ordinary methods fail. Hand-washing facilities with liquid soap have been provided at the court premises. Nowadays, there are various hacked versions of Whatsapp which helps one to hide delivery of message even after if you have read that message. Order V Rule 9(2) of CPC empowers the court to deliver summons in such manner as the court deems fit. Step 7: When you log into the WhatsApp account, you will find all their chats here. In all the above cases, the court took the interest of innocent parties into account and mandated the submission of the affidavit that shows that the correct contact details are provided and summon is served to the right person. While thermal scanning is done, those with any of the symptoms of COVID-19 are prohibited from entering the court premises. This article discusses the usage of Whatsapp in the legal proceedings. Considering the era we live in, the usage of Whatsapp in courts is neither surprising nor it is something new. Moreover, Order 5 Rule 9(3) uses the expression “any other means of transmission” which includes fax message or electronic mail service. The question what if the Whatsapp number is changed and summon served to someone else was not explicitly dealt by the court in such cases. What updates do you want to see in this article? Patiala House Courts, New Delhi dismissed the application of complainant who sought the usage of email and Whatsapp for serving summons. Moreover, the Court said “, The Court should avoid giving long dates. We live in the age of information where internet is more accessible than humans. There have been instances where the court allowed electronic means of communication to facilitate the court proceedings and expedite the delivery of justice. We live in the age of information where internet is more accessible than humans. Indian judiciary has never left a stone unturned whenever it felt the interest of an innocent party at stake. Many times, questions pertaining to the validity of electronic legal notice and processes arise. Thinking that such action will resolve all the possibilities of evasion from court proceedings is not appreciated, rather we need to brood upon the situation that may arise if the current action fails. [(2010) 10 SCC 280], resolved this question after observing the cases that were pending before the courts due to non-serving of notices. WhatsApp Messenger: More than 2 billion people in over 180 countries use WhatsApp to stay in touch with friends and family, anytime and anywhere. By Considering the ordinary time taken to serve such notice, the Court strengthened the well-established legal principle which states that “justice delayed is justice denied.”, In another case, Bhim Rathke vs Mr. R.K. Sharma on 22 February 2018 Special Judge of Patiala House Courts, New Delhi dismissed the application of complainant who sought the usage of email and Whatsapp for serving summons. Even Whatsapp is available with many hacked versions which allow hiding your identity or last use of the application. Everyday technology is advanced, people can take the help of techno experts to escape any problem which involves technology. The question. In a recent case, Justice Surabhi Sharma Vats of. In this case, the key takeaway is that mere “double-tick” was considered as a served summon. WhatsApp is free and offers simple, secure, reliable messaging and calling, available on phones all over the world. Printable version | Nov 29, 2020 11:49:07 AM | https://www.thehindu.com/news/cities/Madurai/whatsapp-video-calls-facilitate-court-hearings-in-virudhunagar/article31793352.ece, Collector T.G. (see, In all the above cases, the court took the interest of innocent parties into account and mandated the submission of the affidavit that shows that the correct contact details are provided and summon is served to the right person. The Court, in this case, did not ponder upon the question that whether the message serving summon was actually read by the person. We live within the contours of the internet because it makes our work easy to do. You will see the phone number of these people. (see here). If a need arises, the assistance of the police or the nearby Court to serve notice to the accused may be taken by the court. Such usage also strengthens the existence of the right to a speedy trial which is a Fundamental Right of a person. You just have to add them to your phonebook and begin a chat with them. This article would highlight usage of Whatsapp in facilitating legal proceedings. The article is written by Lokesh Vyas, a student of Institute of law Nirma University. You have reached your limit for free articles this month. The use of Whatsapp in serving summons is the last resort which means that it should be used when all the other available means are exhausted. Furthermore, the Apex Court also said that a short date should be fixed for notice of appearance and if the summons is received back un-served, follow up action should be taken immediately. Allowing Whatsapp to serve the summons by the courts has caused a huge discourse on the internet and has become a moot point among people. Vinay, who donated blood during the event, stressed the need for more people to come forward to donate blood. | Powered by. All the stages of legal proceedings should meet the interest of people then only it can be said that justice has been served. We have been keeping you up-to-date with information on the developments in India and the world that have a bearing on our health and wellbeing, our lives and livelihoods, during these difficult times. This app allows you to find new online Viber and WhatsApp contact numbers in just 2 steps. Furthermore, the Apex Court also said that a short date should be fixed for notice of appearance and if the summons is received back un-served, follow up action should be taken immediately. Of Whatsapp application wo n't be able to use Whatsapp so i share this great trick to use Whatsapp i... Notice of summons summons to secure the presence of the symptoms of COVID-19 are prohibited from entering the to. 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