Bombay HC
NAGPUR: In a ruling clarifying the legal status of electronic communication in criminal proceedings, the Nagpur bench of Bombay high court last week held that summons issued through WhatsApp is legally valid under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and set aside an order imposing costs on a police personnel for effecting such service,.Justice Urmila Joshi-Phalke quashed a Jan 21 order of a Pocso court in Nagpur which directed recovery of costs from constable Santosh Ramteke on the ground that summons served through a mobile phone was “not allowed”. The court faulted the trial court for ignoring amended provisions under BNSS.The Pocso court noted that two prosecution witnesses in a pending case were absent and that the summons was served via mobile phone, resulting in delay in recording evidence. The court imposed costs on the constable for not serving the summons through a “legal mode”. The Maharashtra govt challenged the trial court order, filing a criminal plea on behalf of Lakadganj police station.The state argued that the trial court overlooked BNSS section 70 under which electronically served summons are deemed legally valid, and section 530 which permits trials, inquiries and proceedings, including service of summons, to be conducted in electronic mode.Justice Joshi-Phalke observed that the purpose of service is to put a person on notice and that “the mode is surely irrelevant”.
