Overview

• The Supreme Court dismissed Haryana government’s plea to modify its January order and confirmed that police must deliver Section 35 summons in person.
• Justices M M Sundresh and N Kotiswar Singh held that electronic communication is not valid for serving notices under Section 35 of the BNSS because the legislature consciously omitted it.
• The court highlighted that failure to comply with a Section 35 summons can lead to arrest, making physical service essential to uphold the right to life and personal liberty.
• The ruling distinguished judicial acts from executive ones, noting that procedures for court-issued summons cannot be applied to police notices.
• States and union territories have been reminded to adhere to prescribed service rules under the CrPC and BNSS and issue standing orders to police departments.