Case Note: Satender Kumar Antil vs. CBI & Anr.
Citation: 2025 INSC 909
Court: Supreme Court of India
Coram: Justice M.M. Sundresh and Justice Nongmeikapam Kotiswar Singh
Date of Decision: July 16, 2025
Facts:
The State of Haryana filed an interlocutory application (IA No. 63691 of 2025) seeking modification of the Supreme Court’s order dated 21.01.2025. That order had directed all States and Union Territories to ensure that notices under Section 41-A of the CrPC, 1973 (or Section 35 of the BNSS, 2023) are served strictly through the modes prescribed under the respective statutes—excluding modes like WhatsApp or other electronic communication.
Issues:
Whether service of notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 can be validly effected through electronic communication, such as WhatsApp, in place of the physical service mandated under the statute.
Arguments by the Applicant (State of Haryana):
- Section 64(2) and Section 71 of the BNSS, 2023 recognize electronic service of summons.
- Section 530 permits electronic mode for trials, inquiries, and proceedings.
- Electronic service of notices helps ensure compliance and conserves State resources.
- The guidelines from earlier cases (Rakesh Kumar and Amandeep Singh Johar) were under CrPC, which did not allow electronic service—unlike BNSS, 2023.
Arguments by the Amicus Curiae:
- Section 35 notices are not covered under the provisions allowing electronic service.
- Section 530 does not include investigations within its scope.
- Electronic service for Section 35 notices is inappropriate due to its potential impact on personal liberty and arrest consequences.
Key Observations:
- The Court held that Section 530 of BNSS, 2023 permits electronic mode only for proceedings like issuance of summons and trials—not investigations.
- The legislative intent is clear: electronic communication is allowed only in certain contexts; it is consciously excluded from others like Section 35.
- Section 35(3) mandates physical service of notice by the police, since non-compliance can lead to arrest and deprivation of liberty.
- Summons issued by Courts (Sections 63, 64, 71) are distinct from executive notices by investigating agencies and cannot be equated.
- Introducing electronic service for Section 35 notices would go beyond legislative intent and potentially infringe Article 21 rights (personal liberty).
Held:
- The application for modification of the earlier order was dismissed.
- Notices under Section 35 of BNSS, 2023 must be served as per the prescribed physical modes and cannot be served via WhatsApp or similar electronic means.
Significance:
This judgment reaffirms the primacy of personal liberty under Article 21 and enforces strict compliance with statutory modes of notice service under the BNSS. It distinguishes between investigative and judicial processes and resists expansion of procedural methods unless clearly allowed by the statute.