Often, yes. For an ordinary legal notice no law prescribes a single mode of delivery, and Section 13 of the IT Act, 2000 explains when an electronic message counts as sent and received. Courts have accepted email and WhatsApp service, including Section 138 cheque-bounce notices. But where a statute or rule prescribes the mode, follow it — and prove delivery.
Information Technology Act, 2000
Sections 4 and 13Written requirement met by electronic records; time and place of dispatch and receipt.
General Clauses Act, 1897
Section 27Presumption of service for notices sent by properly addressed registered post.
Bharatiya Nagarik Suraksha Sanhita, 2023
Sections 35, 64 and 71Notice of appearance to police; summons, including service by electronic communication where permitted.
Bharatiya Sakshya Adhiniyam, 2023
Section 63Admissibility of electronic records, including screenshots and delivery reports.
Section 4 of the IT Act treats a requirement that information be “in writing” as met by an electronic record, and Section 13 fixes the time and place of dispatch and receipt of electronic records. So where a law simply requires a written notice, an email or WhatsApp message to the recipient’s known address or number can satisfy it, provided you can show it reached them.
In 2020, during the pandemic, the Supreme Court permitted service of notices and summons by email, WhatsApp and similar messaging apps. In 2024 the Allahabad High Court held that a Section 138 NI Act demand notice sent by email or WhatsApp is valid if it meets Section 13 of the IT Act. Commercial courts can also serve summons by email under the Civil Procedure Code as amended for commercial disputes.
Where a statute or court rule prescribes a particular mode, that mode prevails. In January 2025 the Supreme Court directed that police notices to appear (Section 41A CrPC / Section 35 BNSS) should not be served through WhatsApp or other electronic means as a substitute for the prescribed mode. Contracts may also specify how notices must be served — a notice clause requiring registered post or a named email address should be followed.
Use more than one channel: registered post with acknowledgement or speed post with tracking, plus email and WhatsApp to the recipient’s known contacts. Save delivery reports, blue ticks, read receipts and screenshots, and be ready to prove them with a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 65B of the Evidence Act). Registered post also attracts the presumption of service under Section 27 of the General Clauses Act.
Courts, including the Allahabad High Court in 2024, have held that a Section 138 demand notice sent by WhatsApp or email is valid if it satisfies Section 13 of the IT Act. Sending it by registered post as well is still the safer course.
Blue ticks and delivery reports are useful evidence of delivery and reading, but they must be proved as electronic records, usually with a Section 63 BSA certificate.
Courts can direct service by electronic means where the procedural law allows, such as commercial suits and summons under the BNSS. The court decides the mode; a private party cannot substitute it.
Follow the contract. A notice clause that fixes the mode and address of service will usually govern notices under that contract.
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