https://www.taxtmi.com/caselaws?id=465468 Service of a notice under s.35 BNSS, 2023 was examined to determine whether electronic communication is a valid mode. The SC held that s.35(6) safeguards the Art. 21 right to life and personal liberty because non-compliance with such notice can directly affect liberty; therefore, the statutory service requirements are substantive and cannot be diluted by treating them as mere procedure. On a purposive reading, BNSS permits electronic communication only where expressly provided, and its omission in s.35 reflects legislative intent to exclude it. Notices under s.35 (executive act) were distinguished from court summons under ss.63/71 (judicial act), which may allow electronic service. The modification application was dismissed. en-us Wed, 16 Jul 2025 00:00:00 +0530 Fri, 26 Dec 2025 16:20:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=465468 Service of a notice under s.35 BNSS, 2023 was examined to determine whether electronic communication is a valid mode. The SC held that s.35(6) safeguards the Art. 21 right to life and personal liberty because non-compliance with such notice can directly affect liberty; therefore, the statutory service requirements are substantive and cannot be diluted by treating them as mere procedure. On a purposive reading, BNSS permits electronic communication only where expressly provided, and its omission in s.35 reflects legislative intent to exclude it. Notices under s.35 (executive act) were distinguished from court summons under ss.63/71 (judicial act), which may allow electronic service. The modification application was dismissed. Case-Laws Indian Laws Wed, 16 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=465468