{"id":5590,"date":"2024-08-05T11:38:39","date_gmt":"2024-08-05T06:08:39","guid":{"rendered":"https:\/\/www.leadindia.law\/blog\/en\/?p=5590"},"modified":"2024-08-05T11:39:30","modified_gmt":"2024-08-05T06:09:30","slug":"can-summon-be-served-digitally","status":"publish","type":"post","link":"https:\/\/www.leadindia.law\/blog\/en\/can-summon-be-served-digitally\/","title":{"rendered":"Can Summon Be Served Digitally"},"content":{"rendered":"\n

As the world is moving towards digitalization, courts, and our judiciary are also opting for digital ways. There is a new concept of digital summon has been adopted. The summon can be served digitally via an email or WhatsApp. It is much more convenient and faster than the traditional way of summoning a person. Even in the digital summon there are fewer chances of delay. There are less chances that the person has forgotten to serve the summons. Even, there are less chances that the person does not receive the summon.<\/p>\n\n\n\n

The covid \u2013 19 has many bad impacts but it has many good ones as well. The court has moved towards digitalization during the COVID period. The court even started online hearing of the cases.<\/p>\n\n\n\n

\n

Need A Legal Advice<\/strong><\/h3>\n\n\n\n

The internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue<\/p>\n\n\n\n

\n
Talk to a Lawyer<\/a><\/div>\n<\/div>\n<\/div>
\"\"<\/a><\/figure><\/div>\n\n\n\n
<\/div>\n\n\n\n

Can summon be served digitally<\/h3>\n\n\n\n

In the case of Sporta Technologies Pvt. Ltd. Vs John Doe, 2023 which is also called as Dream 11 case, the Delhi High Court allowed the plaintiff to serve the summons through email and mobile numbers. The court held that the court should utilize modern methods of communication and said that there is a need to adapt to the digital age. This decision of the Delhi High Court is based on the court\u2019s practical approach and it is helpful in such cases where the defendants exploit the veils of domain names for violating activities.<\/p>\n\n\n\n

The The Hon’ble Supreme Cour<\/strong>t, in the context of extending the limitation period [Suo Moto (C) No. 3 of 2020], has noted and determined that notices, summons, and exchanges of pleadings can be served via email, fax, and widely used instant messaging platforms like WhatsApp, Telegram, and Signal. The Court stated that the two blue ticks after sending the notice and summon will be deemed as if the recipient has seen the document under the Indian Evidence Act.<\/em><\/strong> This is a huge step towards digitalization.<\/p>\n\n\n\n

The CJI even expressed concern over the WhatsApp feature in which the person can turn off their blue tick<\/em><\/strong>. In such a situation, the summon can be served via fax or email. The CJI said that considerations for serving summons depends upon case to case whether the summon has been served or not.<\/p>\n\n\n\n

Legal Implications<\/h3>\n\n\n\n