S.15A SC/ST ACT | The applicant can be said about hearing the SMS bail, WhatsApp: Rajasthan HC instructs police to produce proof/screenshot

The Jaipur Bank of the High Court in Rajasthan said that compliance with section 15A of SC/ST ACT that requires the information that was sent to the applicant before hearing the accusation’s hearing on the basis of SC/ST ACT, is fulfilled even when this information They were sent to mobile through SMS, WhatsApp.

Thus, the Director General of the Police and the State Secretary of Principle to train all the investigative officers/house officers from all the police stations who, for bail, have submitted reasons for SC/ST crimes, whenever the court guides them The public prosecutor to send information to the applicant/victim/aggravated party, will produce proof/screenshot of the message/text message WhatsApp in registration. This is to allow the court

For the context, section 15a of the SC/ ST Law provides that the information must be sent to the applicant before hearing the Pension accused for the offenses punished under the offenses under the Law SC/ ST.

Justice Anoop Kumar Dhand In his order he said: “…This court takes into account the fact that we live in an era of information and technology. The process of law cannot be moved as a rhythm of stroller or a rhythm of the snail in the era of information and technology. The station officer of the station and the investigation officer of all police stations must be modernized with the latest technological developments. The fruits of technology must be put in the service of people. In the legal process, technology can play a critical role in the efficiency of the fundamental rights of citizens, in particular, and in support of the law process in general. A nodal officer is obliged to be appointed in every district of the state of Rajasthan, who will supervise the staff entrusted to perform their duty to provide and perform the approvals on victims“.

–In these particular circumstances, this Court issues a general mandamus to the General Director of Police (DGP) and the main secretary, the home department, the Rajasthan Government that from now on, in all those bail applications (criminal appeals), which are submitted under Sc/ st act or offenses, which took place before the application of NBSS, whenever the court leads the public prosecutor to send information to The plaintiff/ victim/ agreed party, will produce proof/ screenshot of the message/ text message/ message, in the highlight, allowing the court to send the appropriate orders, before deciding the application for bail (criminal appeals) filed by the accused person, ” Added.

The court heard requests for cancellation of the bail on the grounds that section 15a was not respected, in which the applicant was never sent a notification before eliminating the bail applications. However, the state and counselor for the accused persons claimed that the applicant was informed about his mobile phone number on the submission of the bail by the investigation officer in question.

After passing through the registrations, the court stressed that the applicant was informed about the submission of bailing applications on his mobile phone number and claimed that it is “sufficient compliance” of section 15A.

–It seems that there was a mistake from the investigation officer in question because he returned to the applicant again in the case of Mahendra Chhipa on 03.12.2022, after granting the bail on 28.11.2022. Also, it seems that there has been a certain wrong communication or non -communication between the government lawyer/ public prosecutor and the investigation officer, even after passing on the order of bail in the accused’s issue, Mahendra Chhipa, the court said.

Later referred to the decision of the High Court in Bombay in Shobha v Maharashtra & Ors state. (2019) who considered that, in compliance with section 15A (3) sc/st act and for the victim’s privacy, Io could serve the notification by SMS or WhatsApp.

In this context, the court stated that,

“This Court takes into account the fact that we live in an era of information and technology. The process of law cannot be moved as a rhythm of stroller or a rhythm of the snail in the age of information and technology … The fruits of technology must be put in the service of people … “

In this context, the general director of the police and the secretary of the principle, Rajasthan were directed to train all the investigative officers/ house officers of the station that, each time a notification was sent under Section 15A of the Law, they will produce an proof/ screen of message/ text message/ WhatsApp message from registration.

In addition, the Court noted that the notification was mandatory in accordance with section 15a (3), however, the presence of the victim during the hearing of the bail was not mandatory, and the choice of such participation could be left to the victim.

As a result, the requests were rejected.

Title: Ramesh Bairwa V Rajasthan State and other connected applications

Citation: 2025 Livelaw (RAJ) 72

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