Satender Kumar Antil vs. Central Bureau of Investigation 2025 INSC 909 - S.35 Bharatiya Nagarik Suraksha Sanhita 2023 - Electronic Communication Of S.35 Notice
Bharatiya Nagarik Suraksha Sanhita 2023 - Section 35- Electronic communication is not a valid mode of service of notice under Section 35 BNSS - Introducing a procedure into Section 35 of the BNSS, 2023, that has not been specifically provided for by the Legislature, would be violative of its intent- (Para 43) The usage of electronic communication by the Investigating Agency, has only been provided for effecting the procedure under Sections 94 and 193 of the BNSS.(Para 41)
Bharatiya Nagarik Suraksha Sanhita 2023 - Section 35(6)-Non-compliance with a notice does not ipso facto mandate arrest, as there lies a discretion with the Investigating Agency, which must be of the opinion that the arrest of the concerned person is necessary for the purpose of investigation- Failure to comply with the notice does not lead to automatic arrest. Rather, it is the last resort available to the Investigating Agency, after due exercise of discretion regarding the necessity of arrest.(Para 23)
Interpretation of Statute - While interpreting a statute, the legislative intent is to be gathered from a plain and simple reading of the language employed in the provisions, in a purposive manner, thereby upholding the objective behind the enactment. (Para 28)
Case Info
Case Name and Neutral Citation
- Case Name: Satender Kumar Antil v. Central Bureau of Investigation and Anr.
- Neutral Citation: 2025 INSC 909
Coram (Judges)
- Justice M. M. Sundresh
- Justice Nongmeikapam Kotiswar Singh
Judgment Date
- July 16, 2025
Caselaws and Citations Referred
- Rakesh Kumar v. Vijayanta Arya (DCP) & Ors.
- 2021 SCC Online Del 5629
- Amandeep Singh Johar v. State (NCT Delhi)
- 2018 SCC Online Del 13448
- Satender Kumar Antil v. CBI & Anr.
- (2022) 10 SCC 51
Statutes/Laws Referred
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023)
- Section 2 (Definitions)
- Section 35 (When police may arrest without warrant)
- Section 39
- Section 63 (Form of summons)
- Section 64 (Summons how served)
- Section 71 (Service of summons on witness)
- Section 94 (Summons to produce document or other thing)
- Section 193 (Report of a Police Officer on the completion of investigation)
- Section 530 (Trial and proceedings to be held in electronic mode)
- Section 394 (Rules for released convicts)
- Code of Criminal Procedure, 1973 (CrPC, 1973)
- Section 41-A
- Constitution of India, 1950
- Article 21 (Right to life and personal liberty)
