The Supreme Court of India in its ruling stated that the notice issued by the police officer under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), cannot be served through WhatsApp or any other electronic medium.
Per the bench comprising Justice M.M. Sundresh and Justice N. Kotishwar Singh, the provision was deliberately omitted to safeguard the fundamental right to personal liberty. In doing so, the apex court dismissed the plea filed by the State of Haryana that sought a modification of the previous order that mandated service notices in person.
The appeal was filed by the Haryana state in the ongoing case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. Haryana sought a modification of the order by the SC dated January 21, 2025. Per the standing order police forces of all states and Union Territories were instructed to serve notices under Section 41-A CrPC / Section 35 BNSS as prescribed in the statute. The order stated,
service of the aforesaid notices through WhatsApp or other modes of electronic communication, cannot be considered or recognised as an alternative or substitute to the mode of service recognised and prescribed under the CrPC, 1973/BNSS, 2023.”
While the state of Haryana argued
A notice under Section 35 BNSS is merely an intimation to a person to join an investigation, not an arrest warrant. Using electronic communication would ensure the person does not evade service and would save precious state resources.”
The senior counsel acting as Amicus Curie counter-argued that
Service of notice via WhatsApp or other electronic modes is not a method contemplated under Section 35 or Chapter VI of the BNSS.”
The Court rejected the use of WhatsApp or other… pic.twitter.com/G01H4v21Xf
— Bar and Bench (@barandbench) July 30, 2025
Cover: Patrick Gawande / Mashable India
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