Nagpur: In a significant ruling reinforcing the legal validity of digital procedures, the Nagpur bench of the Bombay High Court has held that serving summons through a mobile phone is legally valid under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The court quashed an earlier order that imposed costs on a police constable for effecting service via electronic means.
Justice Urmila Joshi-Phalke set aside a January 21 order passed by a special POCSO court in Nagpur, which had directed recovery of costs from Constable Santosh Ramteke on the ground that summons served through a mobile phone was “not allowed”.
The Maharashtra government, appearing through senior counsel and government pleader Deven Chauhan along with assistant public prosecutor A. M. Kadukar, challenged the trial court’s order by filing a criminal application on behalf of Lakadganj police station.
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The special POCSO court had noted that two prosecution witnesses were absent and that summons were served via mobile phone, allegedly causing delay in recording evidence. Holding that summons were not served through a “legal mode,” the trial court imposed costs on the constable.
Before the High Court, the state argued that the trial court ignored Sections 70 and 530 of the BNSS. Section 70(3) explicitly provides that summons served through electronic communication shall be treated as duly served, while Section 530 permits trials, inquiries, and proceedings-including service of summons-to be conducted in electronic mode.
After examining the record, Justice Joshi-Phalke observed that the amended provisions under Section 70 clearly recognize and accept electronic service. The court emphasized that the core purpose of serving summons is to give notice to the concerned person, and that “the mode is surely irrelevant” as long as notice is achieved.
The bench also pointed out factual errors in the trial court’s reasoning, noting that the witnesses had initially been served earlier and that reissued summons were not even handed over to the concerned constable for service.
Accordingly, the High Court quashed the order imposing costs, bringing relief to the constable and reaffirming statutory recognition of digital processes in criminal justice administration.
Key takeaways from the High Court ruling:
- Electronic service of summons is valid under Section 70(3) of BNSS.
- Section 530 of BNSS allows proceedings, including summons, in electronic mode.
- The objective of summons is notice, not the method of delivery.
- Costs imposed on the police constable were set aside.
