The Bombay High Court (Nagpur Bench) has held that service of summons through mobile phone and electronic communication is legally valid under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and set aside an order of a Trial Court which had imposed costs on a police constable for serving summons to witnesses via mobile phone.
Justice Urmila Joshi-Phalke allowed a criminal application filed by the State of Maharashtra and quashed the order passed by the Additional Sessions Judge.
The Trial court had held that summons served through mobile phone were not through a ‘legal mode’ and had imposed costs on the constable concerned, attributing delay in the trial to such service. Challenging the order, the State argued that the trial court had ignored the amended provisions of the BNSS which expressly recognise electronic service of summons.
Agreeing with the State, the High Court noted that Section 70(3) of the BNSS deems summons served through electronic communication to be valid service, while Section 530 of the BNSS permits issuance, service and execution of summons, examination of witnesses and conduct of criminal proceedings in electronic mode.
The Court observed that the purpose of summons is to give notice to the person concerned, and once such communication is effected, the mode of service becomes immaterial. It further found that the witnesses had earlier been served and bound over, and that the reissued summons were never handed over to the constable for service, rendering the trial court’s factual findings incorrect.
Holding that the Trial court had ignored statutory provisions and erred on facts, the High Court set aside the direction to recover costs from the police constable and disposed of the application.
AAppearances:
Mr. D. V. Chauhan, Public Prosecutor a/b Mr. A. M. Kadukar, APP for the applicant/State.
