WhatsApp Notice Not Valid Under Section 41A CrPC: Rajasthan HC Holds Police Officer Guilty of Contempt

In a significant ruling reinforcing procedural safeguards against arbitrary arrest, the Rajasthan High Court has held that a notice issued via WhatsApp does not constitute valid service under Section 41A of the Code of Criminal Procedure (CrPC), and cannot be the basis for arrest. The Court found a police officer guilty of contempt for violating binding Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar, which mandate issuance of a proper notice before arrest in cases where immediate custody is not required. In the case, the accused was merely informed through WhatsApp to appear before the police, and despite seeking time due to personal reasons, was arrested without any formal notice being served through legally recognized modes. The Court held that such action amounted to willful disobedience of judicial directions and a direct violation of the fundamental right to personal liberty under Article 21. Emphasizing that statutory procedure cannot be bypassed through informal electronic communication, the judgment underscores that any deviation from prescribed legal processes in arrest procedures may attract contempt proceedings, thereby strengthening accountability within law enforcement.