Supreme Court Rules Police Cannot Serve Section 35 BNSS Notices via WhatsApp or Digital Means

The Supreme Court has ruled that police cannot serve Section 35 BNSS notices through WhatsApp or any digital platform.

The Bench, led by Justices MM Sundresh and N Kotiswar Singh, stressed that such notices, often preceding arrest, affect personal liberty and must be delivered physically.

The Court dismissed Haryana’s plea to allow e-service by police, stating only courts may use electronic service under strict safeguards.

The Court warned that executive action cannot bypass the safeguards of physical notice, reinforcing that liberty under Article 21 deserves nothing less than strict procedural compliance.

[Satendar Kumar Antil vs. CBI]