28.10.20

SC favours serving summons through text messages, email

The Supreme Court favoured serving court summons through SMS, WhatsApp and email in contrast to the present system of physical delivery to the accused and sought response from high courts and state DGPs on adopting such means.

A bench of Chief Justice S A Bobde and L Nageswara Rao, which is examining various measures to remove deficiencies in criminal trial and to ensure expeditious trial in criminal cases, directed the high courts and DGPs to give suggestions within four weeks on a report of senior advocate Siddharth Luthra and lawyer K Parameshwar, who as amicus curiae, recommended serving summons through digital platforms in cases of bounced cheques.

Luthra and Parameshwar, in their report, suggested that magistrates should be empowered to order attachment of bank accounts of an accused to the extent of the cheque amount if he refuses to appear before the court for trial.

“The high courts must also be directed to formulate a scheme for online mediation of pending cases at the trial/appeal/ revisional stages so that pending cases could be effectively disposed of.”

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