Supreme Court: Section 35 BNSS Notices Must Be Served Physically – WhatsApp or Electronic Modes Not Valid
In a landmark judgment, the Hon’ble Supreme Court of India has ruled that notices under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 must be served in physical form only. The use of WhatsApp or other electronic communication methods does not satisfy the legal mandate under the law.
What is Section 35 BNSS?
Section 35 outlines the preconditions and procedure for arrest by the Investigating Agency, especially in cases without a warrant. It ensures that an individual is given a fair opportunity to appear and cooperate with the investigation before any coercive action is taken
Strong Review and Legal Appreciation of the Hon’ble Supreme Court’s Landmark Judgment on Section 35 of BNSS, 2023
By Dr. Anthony Raju, Advocate, Supreme Court of India
Chairman, Indian National Human Rights Protection Council
I respectfully extend my sincere appreciation and heartfelt admiration to the Hon’ble Supreme Court of India for its recent and landmark ruling regarding Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The Court has rightly held that notices issued under Section 35 must be served physically, and that service through electronic means such as WhatsApp or other digital platforms cannot be considered legally valid.
This judgment is a bold affirmation of constitutional safeguards, especially those under Article 21, which guarantees every citizen the fundamental right to life and personal liberty. By emphasizing the importance of physical service of notice prior to arrest, the Supreme Court has reestablished the core principles of fairness, transparency, and due process in criminal jurisprudence.
It sends a clear message that law enforcement authorities cannot bypass legal procedures under the guise of convenience or technology. Every accused person is entitled to know, understand, and respond to legal action through a process that is clear, accountable, and verifiable.
This verdict is a vital step in protecting the dignity and liberty of individuals, preventing arbitrary arrests, and promoting a people-centric justice system rooted in the rule of law.
On behalf of the Indian National Human Rights Protection Council, I commend the Hon’ble Supreme Court for standing strong in defense of human rights and legal ethics. This judgment will empower advocates, rights defenders, and the general public alike, reinforcing trust in the legal system.
We urge all stakeholders, including law enforcement agencies and legal practitioners, to uphold the true spirit of this ruling and ensure its uniform implementation across the country.
For legal assistance, awareness sessions, and public interest campaigns related to this and similar matters, our national human rights team remains available to assist and guide.
Contact:
Phone/WhatsApp: 8588872001
Email: office@humanrightscouncil.in
Website: www.humanrightscouncil.in
Issued in public interest under the leadership of
Dr. Anthony Raju
Advocate, Supreme Court of India
Chairman, Indian National Human Rights Protection Council
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