Hon’ble Supreme Court Upholds Personal Service for Police Summons Under BNSS Section 35

Hon’ble Supreme Court Upholds Personal Service for Police Summons Under BNSS Section 35

The Hon’ble Supreme Court of India had reiterated its stance that notices issued by the police or investigating agencies under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023) cannot be served electronically.

The Court rejected an application submitted by the State of Haryana seeking the amendment of its earlier judgment on January 21, 2025.

The State argued that a person would be required to participate in an investigation but he would not be arrested as Section 35 notices are informational ones. State of Haryana mentioned that the BNSS, 2023, unlike the previous CrPC, 1973, allows the use of electronic communication for summons issued by courts (Sections 64(2) and 71) and for other police procedures like producing documents (Section 94) or forwarding investigation reports (Section 193). State of Haryana opined that the broader purpose of law intended to be carried out through the use of technology in criminal cases is reflected in Section 530 of the BNSS. 

But, The Hon’ble Supreme Court, did not accept such arguments. The Court emphasized that non-compliance with a Section 35 notice can lead to arrest and a direct infringement on an individual's personal liberty, a fundamental right protected under Article 21 of the Constitution.

Key reasons for the Court's decision include:

Legislative Intent: The BNSS, 2023 did not put into the application of Section 530 the electronic delivery of Section 35 notices deliberately.

Distinction between Judicial and Executive Acts: Section 35 notice from an Investigating Agency is an executive act whereas a summons from a Court (Sections 63, 64, 71 BNSS) is a judicial act.

Impact on Liberty: Failure to comply with a Section 35 notice can immediately impact an individual's liberty, unlike other provisions where electronic service is allowed (e.g., Sections 71, 94, 193).

The Court concluded that using electronic service for Section 35 notices of BNSS, when not explicitly permitted by the Legislature, would violate its clear intent to safeguard individual liberty.

Satender Kumar Antil Vs Central Bureau of Investigation and Anr.