A division bench of Apex Court passed these guidelines with respect to issue of Summons and Warrants and Recall of NBW,
After filing of chargesheet/complaint taking of cognizance
a) Ordinary summons at the 1st instance/including permitting appearance through Lawyer.
b) If such an accused does not appear despite service of summons, then Bailable Warrant for physical appearance may be issued.
c) NBW on failure to failure to appear despite issuance of Bailable Warrant.
d) NBW may be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing.
e) Bail applications of such accused on appearance may be decided w/o the accused being taken in physical custody or by granting interim bail till the bail application is decided.
Citations: [(2021) 10 SCC 773], [2022 LiveLaw (SC) 577]
Other Sources:
https://indiankanoon.org/doc/16350770/
https://www.casemine.com/judgement/in/62ba660db50db90d4b55ecaf
A corrected Reportable judgment is passed on 11 Jul 2022…
Further time is given to comply with the directions earlier given on 03 Feb 2023…
Supreme Court also directed as follows.
The judgment in the present case i.e. “Satender Kumar Antil Vs. CBI” reported in (2022) 10 SCC 51 and the judgment in Siddharth’s case (supra) should be incorporated as part of the curriculum of the State Judicial Academies and the National Judicial Academy.
Interim directions given on 21 Mar 2023 considering the States and High Courts did not provide the required information to Amicus
Some individual cases were filed alleging non-compliance of this Order by some Magistrates… SC passed this order on 02 May 2023
Final Judgment on 13 Feb 2024
Supreme gave another ‘last’ change on 07 May 2024 to file affidavits that have not complied with the directions issued in this case.
Notices must not be issued via WhatsApp, says Supreme Court.
Negating the plea of State of Haryana, Supreme Court held that notices u/s 41A of Cr.P.C. or u/s 35 of BNSS cannot be sent via WhatsApp or any other electronic communication medium, unlike section 530 BNSS, which mandates that, Trials, Inquires and Proceedings that may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.” So, Parliament says, Courts can use technologia but Police must use postman.
Index of NBW Judgments is here.
