BNSS Provisions Enable Valid Electronic Summons, Rules Bombay HC

Mumbai, Feb 20 (KNN) In a significant legal interpretation, the Bombay High Court has upheld the validity of serving criminal summons via electronic communication such as WhatsApp under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). 

The ruling by the Nagpur bench quashed a lower court order that had penalised a police constable for issuing summons through a mobile phone message.

A special court under the Protection of Children from Sexual Offences Act (POCSO) in Nagpur had earlier imposed costs on Constable Santosh Ramteke on the ground that WhatsApp service was ‘not allowed.’ The High Court, however, set aside that order after the Maharashtra government challenged it.

The state pointed out that under Section 70 of BNSS, summons served electronically are deemed legally valid, and Section 530 permits trials, inquiries and proceedings, including the service of summons, to be conducted in electronic mode.

Justice Urmila Joshi-Phalke observed that the primary objective of service of summons is to give notice, and the specific mode, whether physical or electronic, is secondary if the recipient is effectively put on notice. The High Court found that the trial court erred in disregarding the updated statutory scheme under BNSS when it penalised the police officer.

The decision clarifies that courts can legally recognise electronic service of summons in criminal proceedings under BNSS, provided the statutory conditions are satisfied, marking a notable shift in how modern communication tools may be used in judicial processes.

Impact on MSMEs

The Bombay High Court ruling validating electronic service of summons under BNSS benefits MSMEs by streamlining legal processes. MSMEs engaged in litigation or regulatory compliance can now receive notices and summons electronically, reducing delays, lowering legal costs, and enabling faster response times, thereby improving operational efficiency and access to justice.

(KNN Bureau)