Satender Kumar Antil vs. Central Bureau Of Investigation

2025 INSC 909
REPORTABLE

IN THE SUPREME COURT OF INDIA
EXTRAORDINARY APPELLATE JURISDICTION

IA NO. 63691 OF 2025
IN
MA NO.2034 OF 2022
IN
MA NO. 1849 OF 2021
IN
SPECIAL LEAVE PETITION (CRL.) NO. 5191 OF 2021



SATENDER KUMAR ANTIL … PETITIONER


VERSUS


CENTRAL BUREAU OF INVESTIGATION
AND ANR. … RESPONDENTS

ORDER
1. IA No. 63691 of 2025 has been filed by the State of Haryana seeking
modification of the order dated 21.01.2025, passed by this Court in MA No.
2034/2022 in MA No. 1849/2021 in SLP (Crl.) No. 1591/2021.
2. Vide the aforesaid order, this Court had directed all the States and Union
Territories to issue a Standing Order to their respective police machinery to
Signature Not Verified
Digitally signed by
SWETA BALODI
Date: 2025.07.30
17:37:21 IST
Reason:
issue notices under Section 41-A of the Code of Criminal Procedure, 1973
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(hereinafter referred to as “ CrPC, 1973 ”)/Section 35 of the Bharatiya Nagarik
Suraksha Sanhita (hereinafter referred to as “ BNSS, 2023 ”) only through the
mode of service as prescribed under the CrPC, 1973/BNSS, 2023.
3. It was held that 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.
4. It was also held that the Standing Orders must be issued strictly in accordance
with the guidelines issued by the Delhi High Court in Rakesh Kumar v.
Vijayanta Arya (DCP) & Ors., 2021 SCC Online Del 5629 and Amandeep
Singh Johar v. State (NCT Delhi), 2018 SCC Online Del 13448, both of which
were upheld by this Court in Satender Kumar Antil v. CBI & Anr. (2022) 10
SCC 51.
SUBMISSIONS ON BEHALF OF THE APPLICANT
5. At the outset, it is submitted by the learned counsel appearing on behalf of the
Applicant/State of Haryana that a notice under Section 35 of the BNSS, 2023
is only an information to the concerned person that he is required to join the
investigation, and is not liable to be arrested at that time. Service of notice
through the mode of electronic communication is required to ensure that the
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concerned person does not evade service of notice, and that precious resources
of the State are not wasted.
6. Section 64 of the BNSS, 2023 has been brought to the attention of this Court.
Placing reliance on the Proviso to Section 64(2) of the BNSS, 2023 he
submitted that it permits the service of summons via the mode of electronic
communication also, which would indicate that there is no bar in serving of
summons through the mode of electronic communication. Therefore, when
BNSS, 2023 statutorily recognizes electronic mode of service of summons
issued by the Court, then the notice issued under Section 35 of the BNSS, 2023
should also be permitted to be served through the electronic mode.
7. Placing reliance upon Section 71 of the BNSS, 2023, it is submitted that
sub-section (1) provides for service of summons to witnesses through the
mode of electronic communication. Even if one were to contend that proviso
to Section 64(2) of the BNSS, 2023 permits service of summons via the mode
of electronic communication only in those cases where the summons bear the
image of a Court's seal, Section 71 of the BNSS, 2023 is an overriding

provision as there is no requirement of the Court's seal therein.
8. A careful reading of Section 64(2) and Section 71 of the BNSS, 2023 would
indicate that the former relates to system-generated summons, i.e., the e-
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Summons App, hence the requirement of the Court's seal to make them look
authentic, whereas, the latter relates to physical summons duly signed,
scanned and transmitted electronically, because of which there is no separate
requirement of any watermark seal. A notice under Section 35 of the BNSS,
2023 falls within the same category as a summons under Section 71 of the

BNSS, 2023, and therefore must be permitted to be transmitted electronically.
9. Placing reliance upon Section 530 of the BNSS, 2023, it is submitted that the
intent of the legislature is clear, relating to the use of technology in
streamlining criminal proceedings. The aforesaid section lays down that trials,
inquiries and proceedings may be held through the mode of electronic
communication. Therefore, excluding service of notice under Section 35 of
the BNSS, 2023 through the mode of electronic communication, would be an
exception to the entire scheme of affairs.
10. Insofar as the guidelines issued by the Delhi High Court in Rakesh Kumar v.
Vijayanta Arya (DCP) & Ors., 2021 SCC Online Del 5629 and Amandeep
Singh Johar v. State (NCT Delhi), 2018 SCC Online Del 13448, both of which
were upheld by this Court in Satender Kumar Antil v. CBI & Anr. (2022) 10
SCC 51, it is submitted that these judgments were delivered when the CrPC,
1973 was in operation and the BNSS, 2023 had not come into effect. Unlike
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the BNSS, 2023 the CrPC, 1973 had no provision that contemplated the
service of summons or notice through the mode of electronic communication,
and therefore such directions were issued. Hence, the guidelines issued in the
aforesaid judgment have no bearing on or applicability to the provisions of

BNSS, 2023.

SUBMISSIONS ON BEHALF OF THE AMICUS CURIAE
11. The learned Senior Counsel/Amicus Curiae submitted that notice served
through WhatsApp or other modes of electronic communication is not
contemplated as a mode of service under Section 35 of the BNSS, 2023 since
the same is not in accordance with Chapter VI of the BNSS, 2023, and hence
cannot be treated as a valid mode of serving notice under Section 35 of the
BNSS, 2023.
12. It is submitted that summons are to be served personally on the person, as per
the regular mode of service. The newly added proviso to Section 64(2) of the
BNSS, 2023 permits the mode of electronic communication as a means to
serve summons, only in those cases where the summons bear the image of the
Court’s seal. Since a notice issued under Section 35 of the BNSS, 2023 is not
from the Court, the Investigating Agency must necessarily adhere to the
regular mode of service.
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13. It is further submitted that Section 530 of the BNSS, 2023 states that all trials,
inquiries and proceedings under the BNSS, 2023 may be held in electronic
mode, by use of electronic communication or use of audio-video electronic
means. The legislature, in its wisdom, has excluded investigations from the
scope of the aforesaid section, thereby meaning that the same have been
consciously omitted from the purview of the procedures which are permissible
through electronic means. Hence, the aforesaid section clearly does not permit
service of notice under Section 35 of the BNSS, 2023 through WhatsApp or
other modes of electronic communication.
14. Finally, it is submitted that since a notice under Section 35 of the BNSS, 2023
is issued by the Investigating Agency, and the breach thereof leads to arrest
and deprivation of the liberty of an individual, it is appropriate that such a
notice be served in person on the accused, and not through the mode of
electronic communication.

DISCUSSION
15. The Legislature, envisaging the extensive reliance on modern means of
communication in the present times, has recognised the mode of electronic
communication within the ambit of the BNSS, 2023.

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Section 2 of the BNSS, 2023

16. Notably, the Legislature has clearly demarcated the extent of permissible
usage of modes of electronic communication, under the BNSS, 2023. The
same is evident from the language employed in Section 530 of the

BNSS, 2023.
Section 530 of the BNSS, 2023
“530. Trial and proceedings to be held in electronic mode. —All trials, inquires
and proceedings under this Sanhita, including—
( i ) issuance, service and execution of summons and warrant;
( ii ) examination of complainant and witnesses;
( iii ) recording of evidence in inquiries and trials; and
( iv ) all appellate proceedings or any other proceeding,
may be held in electronic mode, by use of electronic communication or use of
audio-video electronic means.”
17. Section 530 of the BNSS, 2023 states that all trials, inquiries, and proceedings
may be held in electronic mode, by use of electronic communication or use of
audio-video electronic means. Categories mentioned thereunder would clearly
show that it is not only meant for the accused persons, but also for the
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complainant and witnesses. Further, the mode of electronic communication is
only one of the modes available, and its usage is discretionary.
18. The issue before us lies within a narrow compass – whether the usage of
electronic communication can also be extended to the procedure governing
the service of a notice, contemplated under Section 35 of the BNSS, 2023. To
answer the same, a purposive interpretation must be given to the BNSS, 2023,
especially the aforementioned provision.
NOTICES BY THE INVESTIGATING AGENCY
19. The BNSS, 2023, keeping in tune with the erstwhile provisions of the CrPC,
1973 provides for situations where a person may be arrested by the
Investigating Agency, without a warrant.
Section 35 of the BNSS, 2023
“35. When police may arrest without warrant .—(1) Any police officer may
without an order from a Magistrate and without a warrant, arrest any person—
( a ) who commits, in the presence of a police officer, a cognizable offence; or
( b ) against whom a reasonable complaint has been made, or credible information
has been received, or a reasonable suspicion exists that he has committed a
cognizable offence punishable with imprisonment for a term which may be less
than seven years or which may extend to seven years whether with or without
fine, if the following conditions are satisfied, namely:—
( i ) the police officer has reason to believe on the basis of such complaint,
information, or suspicion that such person has committed the said offence;
( ii ) the police officer is satisfied that such arrest is necessary—
( a ) to prevent such person from committing any further offence; or
( b ) for proper investigation of the offence; or
( c ) to prevent such person from causing the evidence of the offence to disappear or
tampering with such evidence in any manner; or
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( d ) to prevent such person from making any inducement, threat or promise to any
person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to the police officer; or
( e ) as unless such person is arrested, his presence in the Court whenever required
cannot be ensured,

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whom a reasonable complaint has been made, or credible information has
been received, or a reasonable suspicion exists that he has committed a
cognizable offence, to appear before him or at such other place as may be
specified in the notice.
(4) Where such a notice is issued to any person, it shall be the duty of that
person to comply with the terms of the notice.
(5) Where such person complies and continues to comply with the notice, he
shall not be arrested in respect of the offence referred to in the notice unless,
for reasons to be recorded, the police officer is of the opinion that he ought to
be arrested.
(6) Where such person, at any time, fails to comply with the terms of the notice
or is unwilling to identify himself, the police officer may, subject to such orders
as may have been passed by a competent Court in this behalf, arrest him for
the offence mentioned in the notice.
(7) No arrest shall be made without prior permission of an officer not below the
rank of Deputy Superintendent of Police in case of an offence which is punishable
for imprisonment of less than three years and such person is infirm or is above sixty
years of age.”
(emphasis supplied)
20. Section 35 of the BNSS, 2023 provides for arrest of persons by the
Investigating Agency, ensuring that the concerned person appears before the
Investigating Agency and cooperates with the investigation. The provision
delineates the prerequisites that must be fulfilled before a person can be
arrested without a warrant, keeping in mind the laudable objective of
safeguarding the liberty of an individual. The legislative intent behind the
provision is that of restricting arbitrary arrests.
21. Section 35(3) of the BNSS, 2023 mandates the service of a notice whenever
the Investigating Agency, on the basis of a reasonable complaint, credible
information or suspicion, determines that a person may have committed a
cognizable offence, but does not deem the arrest of such person necessary. In
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such a scenario, the Investigating Agency is mandated to issue a written notice
directing the person to appear before it, or at such other place as may be
specified in the notice.
22. Section 35(4) of the BNSS, 2023 imposes a duty on the recipient of the notice
to the effect that once the notice is served, the person must comply with every
term of the notice. Section 35(5) of the BNSS, 2023 provides that as long as
the person to whom the notice is issued, appears as is required and continues
to comply with the notice, they cannot be arrested in relation to the alleged
offence. Arrest may be made only if the Investigating Agency records specific
reasons as to why the arrest is necessary.
23. Section 35(6) of the BNSS, 2023 lays down the procedure to be followed in
case of non-compliance with the notice issued by the Investigating Agency
under Section 35(3) of the BNSS, 2023. Non-compliance with a notice does
not ipso facto mandate arrest, as there lies a discretion with the Investigating
Agency, which must be of the opinion that the arrest of the concerned person
is necessary for the purpose of investigation. In other words, failure to comply
with the notice does not lead to automatic arrest. Rather, it is the last resort
available to the Investigating Agency, after due exercise of discretion
regarding the necessity of arrest.
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24. Therefore, the abovementioned provision contains an element of substantivity,
which becomes evident from the discretion provided to the Investigating
Agency. The substantive element is in the nature of a safeguard, especially
when the liberty of an individual is involved.
25. The protection of one’s liberty is a crucial aspect of the right to life guaranteed
to each and every individual, under Article 21 of the Constitution of India,
1950 (hereinafter referred to as the ‘ Constitution’ ). The procedure
encapsulated in Section 35(6) of the BNSS, 2023, seeks to secure this
fundamental right, from encroachment by the relevant Authority, and
therefore, any attempt to interpret the provision as a mere procedural one,
would amount to rewriting the provision itself.
26. Thus, service of a notice under Section 35 of the BNSS, 2023 needs to be
carried out in a manner that protects this substantive right, as non-compliance
with the notice can have a drastic effect on the liberty of an individual.
27. The Legislature, in its wisdom, has specifically excluded the service of a
notice under Section 35 of the BNSS, 2023 from the ambit of procedures
permissible through electronic communication, that have been delineated
under Section 530 of the BNSS, 2023.
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28. While interpreting a statute, the legislative intent is to be gathered from a plain
and simple reading of the language employed in the provisions, in a purposive
manner, thereby upholding the objective behind the enactment. On a plain
reading of the BNSS, 2023, the restrictions imposed by the Legislature on the
use of electronic communication, to only certain procedures, precludes the use
of electronic communication for any other procedure, for which it has not been

specifically permitted by the BNSS, 2023.
29. This interpretation is countenanced by the objective sought to be achieved by
the BNSS, 2023. As highlighted hereinbefore, the essence of Article 21 of the
Constitution imbues the BNSS, 2023, which reflects the laudable objective of
safeguarding the liberty of an individual, while facilitating the investigation
into and adjudication of offences. The abovementioned restrictions on the
usage of the mode of electronic communication, have been imposed in order
to safeguard the right to life and personal liberty, guaranteed to an individual
by the Constitution, from being impinged during the course of criminal

investigation and proceedings.
30. Hence, it is manifestly apparent that the Legislature has particularly specified
the circumstances in which usage of modes of electronic communication is
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permissible, being circumstances which do not have a bearing on the liberty
of an individual.
SUMMONS BY THE COURT
31. Another line of reasoning presented before this Court, is regarding the
permissibility of the usage of electronic communication for the issuance of
summons by the Court, under the BNSS, 2023. To consider the same, this
Court must delve into the nature of proceedings pertaining to a notice under
Section 35 of the BNSS, 2023 vis-a-vis a summons under Sections 63, 64 and
71 of the BNSS, 2023.
32. We first wish to highlight the difference between investigation, inquiry and
judicial proceedings, as contemplated under the BNSS, 2023.
Section 2 of the BNSS, 2023
“Section 2. Definitions -
*
(k) "inquiry" means every inquiry, other than a trial, conducted under this
Sanhita by a Magistrate or Court ;
(l) "investigation" includes all the proceedings under this Sanhita for the
collection of evidence conducted by a police officer or by any person (other
than a Magistrate) who is authorised by a Magistrate in this behalf.
(m) “judicial proceeding” includes any proceeding in the course of which
evidence is or may be legally taken on oath;”
(emphasis supplied)
It is to be noted that the purpose of an investigation by an Investigating
Agency, is markedly distinct from that of an inquiry or judicial proceedings
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by the Court. While the former is to investigate an offence, the latter is a search
towards the truthful determination of an occurrence. Therefore, the procedure
of one cannot be read into the other.
Section 63 of the BNSS, 2023
“63. Form of summons .—Every summons issued by a Court under this Sanhita
shall be,—
( i ) in writing, in duplicate, signed by the presiding officer of such Court or by such
other officer as the High Court may, from time to time, by rule direct, and shall
bear the seal of the Court; or
( ii ) in an encrypted or any other form of electronic communication and shall bear
the image of the seal of the Court or digital signature.”
(emphasis supplied)
33. A summons under Section 63(i) of the BNSS, 2023 is issued by a Court in
writing, in duplicate, which shall be signed by the presiding officer of such
Court, or by such other officer as directed by the High Court from time to time,
and shall bear the seal of the Court.
34. A new form of summons has been contemplated by the legislature in the
BNSS, 2023. Under Section 63(ii) of the BNSS, 2023, a summons issued by
a Court can be in an encrypted or any other form of electronic communication,
and shall bear the image of the seal of the Court or digital signature.
Section 64 of the BNSS, 2023
“64. Summons how served .—(1) Every summons shall be served by a police
officer, or subject to such rules as the State Government may make in this behalf,
by an officer of the Court issuing it or other public servant:
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Provided that the police station or the registrar in the Court shall maintain a
register to enter the address, email address, phone number and such other details as
the State Government may, by rules, provide.
(2) The summons shall, if practicable, be served personally on the person
summoned, by delivering or tendering to him one of the duplicates of the
summons:
Provided that summons bearing the image of Court's seal may also be
served by electronic communication in such form and in such manner, as the
State Government may, by rules, provide.”
(emphasis supplied)
35. Section 64 of the BNSS, 2023 pertains to how summons shall be served. We
are concerned with Section 64(2) of the BNSS, 2023 which mandates that a
summons shall be served personally on the person summoned, if practicable,
by delivering or tendering one of the duplicates of the summons. The proviso
to Section 64(2) of the BNSS, 2023 provides a discretion of also serving
summons by electronic communication, only when they bear the image of the
Court's seal in a manner and form that the State Government may provide by
rules.
36. From a cumulative reading of Sections 63 and 64 of the BNSS, 2023, the
argument on behalf of the applicant that Section 64(2) of the BNSS, 2023
relates to system-generated summons i.e., the e-Summons App, hence the
requirement of the Court's seal to make them look authentic, falls to the ground
because, irrespective of the summons being issued under Section 63(i) or
Section 63(ii) of the BNSS, 2023, it shall necessarily bear the seal of the Court,

or the image of the seal of the Court, when the summons is being served.
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Section 71 of the BNSS, 2023
“71. Service of summons on witness .—(1) Notwithstanding anything contained
in the preceding sections of this Chapter, a Court issuing a summons to a witness
may, in addition to and simultaneously with the issue of such summons, direct
a copy of the summons to be served by electronic communication or by
registered post addressed to the witness at the place where he ordinarily
resides or carries on business or personally works for gain .
(2) When an acknowledgement purporting to be signed by the witness or an
endorsement purporting to be made by a postal employee that the witness refused
to take delivery of the summons has been received or on the proof of delivery of
summons under sub-section (3) of Section 70 by electronic communication to the
satisfaction of the Court, the Court issuing summons may deem that the summons
has been duly served.”
(emphasis supplied)
37. Section 71 of the BNSS, 2023 provides for the service of summons on
witnesses. We are concerned with sub-section (1) which states that a Court
issuing a summons to a witness may direct a copy of such summons to be
served by electronic communication.
38. The contention of the applicant that a notice under Section 35 of the
BNSS, 2023 falls within the same category as a summons under Section 71 of
the BNSS, 2023, and therefore, since the latter allows electronic mode of
service, the former must also be permitted to be transmitted
electronically, cannot be accepted, for the simple reason that a summons
under Section 71 of the BNSS, 2023, has no immediate bearing on the liberty
of an individual in case of its non-compliance. However, a notice under
Section 35 of the BNSS, 2023 could have an immediate bearing on the liberty
17


of the individual in case of its non-compliance, as laid down under Section
35(6) of the BNSS, 2023.
39. Furthermore, a summons issued by a Court under Sections 63 or 71 of the
BNSS, 2023, and a notice issued by the Investigating Agency under Section
35 of the BNSS, 2023 travel on different footings and cannot be equated with
each other. A summons issued by a Court is a judicial act, whereas a notice
issued by the Investigating Agency is an executive act. Hence, the procedure
prescribed for a judicial act cannot be read into the procedure prescribed for
an executive act.
EXPLICIT MENTION OF THE USAGE OF ELECTRONIC MODE IN THE
CONTEXT OF THE INVESTIGATING AGENCY
40. We further wish to take note of the fact that the BNSS, 2023 does not entirely
preclude the use of electronic communication by the Investigating Agency.
The Legislature has envisioned the use of electronic communication, during
the course of investigation, and upon completion of investigation by the
Investigating Agency, specifically provided for under Sections 94(1) and
193(3) of the BNSS, 2023 respectively.


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Section 94(1) of the BNSS, 2023

Section 193(3) of the BNSS, 2023
“193. Report of a Police Officer on the completion of investigation-
*
(3)( i ) As soon as the investigation is completed, the officer in charge of the police
station shall forward, including through electronic communication to a Magistrate
empowered to take cognizance of the offence on a police report, a report in the
form as the State Government may, by rules provide, stating—
( a ) the names of the parties;
( b ) the nature of the information;
( c ) the names of the persons who appear to be acquainted with the circumstances
of the case;
( d ) whether any offence appears to have been committed and, if so, by whom;
( e ) whether the accused has been arrested;
( f ) whether the accused has been released on his bond or bail bond;
( g ) whether the accused has been forwarded in custody under Section 190;
( h ) whether the report of medical examination of the woman has been attached
where investigation relates to an offence under Sections 64, 65, 66, 67, 68, 70 or
Section 71 of the Bharatiya Nyaya Sanhita, 2023;
( i ) the sequence of custody in case of electronic device;
( ii ) the police officer shall, within a period of ninety days, inform the progress of
the investigation by any means including through electronic communication to
the informant or the victim;
( iii ) the officer shall also communicate, in such manner as the State Government
may, by rules, provide, the action taken by him, to the person, if any, by whom
the information relating to the commission of the offence was first given.”
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41. The usage of electronic communication by the Investigating Agency, has only
been provided for effecting the procedure under Sections 94 and 193 of the
BNSS, 2023.
42. Section 94 deals with issuance of summons, in an electronic form, to produce
a document. Section 193 deals with the usage of electronic communication for
forwarding the report to a Magistrate, upon completion of the investigation,
or to inform the progress of the investigation to the informant or victim. None
of these procedures have any bearing on the liberty of an individual.
43. 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.



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44. For the aforesaid reasons, IA No. 63691 of 2025 seeking modification of the
order dated 21.01.2025, stands dismissed. As a consequence, order dated
21.01.2025, passed by this Court in MA No. 2034/2022 in MA No. 1849/2021
in SLP (Crl.) No. 1591/2021 stands confirmed.

...………………………. J.
(M. M. SUNDRESH)


………………….…………………………. J.
(NONGMEIKAPAM KOTISWAR SINGH)
NEW DELHI;
JULY 16, 2025

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