Police Summons Under Section 35 BNSS Cannot Be Served Electronically: Supreme Court Reiterates
🔹 Landmark Clarification by the Apex Court | July 2025
In a significant reaffirmation of procedural law, the Hon’ble Supreme Court of India has categorically reiterated that police summons issued under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, cannot be served through electronic means such as WhatsApp, email, or SMS.
🔸 Section 35 BNSS pertains to the power of police officers to issue summons to persons whose attendance is necessary for the purposes of investigation, inquiry, or other legal proceedings.
🔹 The Court emphasized that:
“Service of summons must adhere strictly to the procedural safeguards laid down by law. Electronic communication, though convenient, does not fulfill the requirements of valid legal service under BNSS provisions.”
🧾 Why It Matters:
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The ruling underscores the importance of procedural fairness and physical service of notices to uphold the rights of the accused.
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It safeguards against misuse of digital communication in criminal investigations and protects individuals from unlawful arrest or coercion.
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This judgment is a vital interpretation of due process and natural justice in the post-BNSS legal framework.
🛡️ Legal Perspective by Dr. Anthony Raju, Advocate, Supreme Court
“This judgment fortifies the rights of citizens under BNSS and ensures that technology cannot override the due process of law. The human rights implications are profound, especially in protecting individuals from arbitrary summons or potential harassment.”
📌 Issued in Public Interest by:
Dr. Anthony Raju
Advocate, Supreme Court of India
Chairman – Indian National Human Rights Protection Council
www.humanrightscouncil.in
📞 For Legal Help / Expert Opinion: +91 8588872001 | +91 9873087903
📩 Email: office@humanrightscouncil.in