Supreme Court on Validity of Electronic Communication for Section 35 BNSS Notices – 2025 Judgment
The Hon’ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation And Anr. (Neutral Citation: 2025 INSC 909) addressed the issue of whether electronic communication such as WhatsApp, email, or other digital means is a valid mode for serving notices under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The Court observed:
“.......... Hence, when viewed from any lens, we are unable to convince ourselves that electronic communication is a valid mode of service of notice under Section 35 of the BNSS, 2023, since its conscious omission is a clear manifestation of the legislative intent. Introducing a procedure into Section 35 of the BNSS, 2023, that has not been specifically provided for by the Legislature, would be violative of its intent...........”
Keywords: BNSS 2023, Section 35 BNSS notice, Supreme Court judgment July 2025, electronic communication in criminal procedure, WhatsApp legal notice validity India, 2025 INSC 909.
