Summons Served Through Mobile Phone/ WhatsApp Valid Under BNSS: Bombay High Court Sets Aside Cost Imposed On Constable

In a significant order, the Bombay High Court has held that the service of summons through an electronic mode or even through a mobile phone would be legal as it is permitted under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Single-judge Justice Urmila Joshi-Phalke sitting at the Nagpur seat, quashed an order of a Special POCSO Court which had imposed costs on a constable in a child abuse case, for serving summons to prosecution witnesses through mobile phone, particularly through WhatsApp. Challenging the January 21, order, Pubic Prosecutor DV Chauhan pointed out that the special POCSO court ignored the provisions of law i.e. Section 70 and Section 530 of the BNSS. Justice Joshi-Phalke then referred to the provisions relied upon by the Prosecutor and noted that admittedly, there is amended provision in view of section 70 of BNSS which deals with proof of service in such cases when serving officer is not present. "The sub-Section (3) specifically states that all summons served through electronic communication under sections 64 to 71 shall be considered as duly served and a copy of such electronic summons shall be attested and kept as a proof of service of summons as well as Section 530 of the BNSS also deals with the aspect of trial and proceedings to be held in electronic mode. After going through these provisions it reveals that now the electronic mode is very well accepted by the amendment in BNSS," the judge observed in the order passed on February 12.The judge referred to the judgment in the Kross Television India Pvt. Ltd. vs Vikhyat Chitra Production (2017) and stated that the High Court in that case has explained the purpose of the summons and it is only that the fact is to be brought to the notice of the person who is receiving the said notice."The purpose of service is to put the other party to notice and to give him a copy of the papers. The mode is surely irrelevant. Here in the present case also as the communication was already there as initially the summons was already served and the witnesses were bond over therefore, the communication through the mobile phone by the Constable regarding the information of date is of course not illegal it was only the purpose which required to be seen and now the mobile service by the electronic media is already accepted in view of Section 70 of BNSS," the judge said in the order. The Special POCSO Court, Justice Joshi-Phalke said, apparently ignored the said provision and passed the impugned order and unnecessarily imposed the cost on the Constable. With these observations, the judge quashed and set aside the order of the special POCSO court imposing costs on the constable for serving summons through Mobile phone. Appearance: Public Prosecutor DV Chauhan assisted by Additional Public Prosecutor AM Kadukar represented the State. Case Title: State of Maharashtra vs Satish Sanjay Ramteke (Criminal Application 222 of 2026)Citation: 2026 LiveLaw (Bom) 66Click Here To Read/Download Order

Summons Served Through Mobile Phone/ WhatsApp Valid Under BNSS: Bombay High Court Sets Aside Cost Imposed On Constable

Narsi Benwal

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