Pranav B Prem

The Jaipur bench of the Rajasthan High Court has ruled that compliance with Section 15A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), which mandates informing the complainant before hearing a bail application, is satisfied even if such communication is sent via SMS or WhatsApp.

Key Observations by the Court

Justice Anoop Kumar Dhand, while addressing bail cancellation applications, emphasized: "...this Court takes notice of the fact that we are living in an era of Information and Technology. The process of law cannot move like a bullock cart pace or snail's pace in the age of Information and Technology. The Station House Officer and the Investigating Officer of all the Police Stations are required to be upgraded with the latest technological developments. Fruits of technology have to be put in the service of the people. In the legal process, the technology can play critical role in effectuating the fundamental rights of the citizens, in particular, and in upholding the process of law, in general. A Nodal Officer is required to be appointed in each District of the State of Rajasthan who shall supervise the staff entrusted to discharge the duty of delivering and effecting service of notices on the victims."

The Court directed the Director General of Police (DGP) and the Principal Secretary, Department of Home, Government of Rajasthan, to ensure that all investigating officers and Station House Officers (SHOs) follow this method of notification. It stated: "In these peculiar circumstances, this Court issues a general mandamus to the Director General of Police (DGP) and the Principal Secretary, Department of Home, Government of Rajasthan to instruct all the Investigating Officers/ the Station House Officers of all the Police Stations to the effect that henceforth, in all those Bail Applications (Criminal Appeals), which are submitted under SC/ST Act or the offences, which have occurred before the enforcement of B.N.S.S., whenever the Court directs the Public Prosecutor to send information to the complainant/ victim/ aggrieved party they shall produce a proof/ screenshot of the message/ text message/ WhatsApp Message, on record, enabling the Court to pass appropriate orders, before deciding the Bail Application (Criminal Appeals) submitted by the accused person."

Background of the Case

The case arose when the petitioner sought cancellation of bail granted to two accused under the SC/ST Act on the ground that he was not notified before their bail applications were heard. The petitioner argued that this was a direct violation of Section 15A of the Act, which mandates prior intimation to the complainant. The respondents, however, countered that the complainant had indeed been informed via mobile communication, and the details were recorded in the investigation files. The Court, while acknowledging that errors in communication had occurred in specific instances, held that sending notifications via SMS or WhatsApp is a valid means of ensuring compliance with Section 15A.

Court’s Reasoning and Directives

The Court referred to the Shobha v. State of Maharashtra case, where the Bombay High Court had ruled that notifying the complainant via electronic means, such as SMS or WhatsApp, suffices for compliance with procedural requirements. The Rajasthan High Court, in line with this reasoning, observed that: "Notice under Section 15(A)(3) of the Act is mandatory in nature, however, presence of the victim during the course of the proceedings is not mandatory. On receipt of notice, it is left to the choice of the victim to participate or not to participate in the proceedings." Recognizing the need for modernizing legal procedures, the Court ordered that police must document and present proof of such notifications by way of screenshots or official records before bail hearings.

The Court further observed that notice was mandatory under Section 15A(3), however, victim's presence during the bail hearing was not mandatory and the choice of such participation could be left to the victim. Accordingly, the applications were dismissed.

Cause Title: Ramesh Bairwa v State of Rajasthan & Other connected application

Case No: S.B. Criminal Bail Cancellation Application No. 20/2023

Bench: Justice Anoop Kumar Dhand

[Read/Download order]