No WhatsApp service of FIRs:  Karnataka High Court upholds arrest in fraud case

Bengaluru  : In a significant ruling on criminal procedure, the Karnataka High Court has held that police cannot serve notices or FIR copies through WhatsApp or other electronic modes, emphasizing that such documents must be delivered physically to the accused.

The court delivered the ruling while dismissing a petition filed by R. Yugadev, a yoga trainer from Cuddalore in Tamil Nadu, who had challenged the legality of his arrest in connection with a financial fraud case involving alleged cheating of investors.

The petitioner had argued that the police violated Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita by not issuing a notice prior to arrest. He claimed that neither a physical notice nor an electronic communication was served, rendering his arrest незаконным.

However, the bench led by Justice M. Nagaprasanna rejected the contention, stating that the law does not recognise WhatsApp or electronic service of FIRs or notices as valid. The court reiterated that physical service is mandatory, as per established legal standards and directions of the Supreme Court of India.

Importantly, the court underscored that while notice before arrest is mandatory in cases involving offences punishable with less than seven years of imprisonment, this requirement is not absolute. If an accused evades service of notice or fails to cooperate with the investigation, police are within their rights to proceed with arrest.

In Yugadev’s case, the court found that he had absconded for over 40 days, travelling across various locations to avoid being traced. Investigators relied on call detail records to demonstrate that he was deliberately evading law enforcement authorities.

Such behaviour, the court noted, amounts to obstruction of investigation and justifies immediate arrest. “The petitioner cannot take advantage of his own evasion,” the court observed, while upholding the magistrate’s arrest order.

According to case details, the accused and his wife had operated an online investment firm and allegedly collected around Rs 98 lakh from investors. After failing to return the funds, complaints were filed, leading to registration of an FIR by the Adugodi Police Station.

The ruling is expected to have wider implications for police procedures, particularly in the increasing use of digital communication in criminal investigations.