Bharatiya Nagarik Suraksha Sanhita, 2023
Section 64
Summons how served
(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant: Provided that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide.
(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons: Provided that summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide.
(3) Every person on whom a summons is so served personally shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Why this exists
Criminal procedure has always required a reliable, provable way to notify someone that they must appear before a court — for a trial, as a witness, or for producing documents. The old Code of Criminal Procedure, 1973 (Section 62) laid down personal service as the norm. The BNSS, 2023 retains this framework but modernises it by explicitly allowing electronic service of summons (recognising email, messaging, and digital communication as valid modes) and by requiring registers of contact details, reflecting the shift toward digitised court administration and faster, more traceable communication.
How courts read it
Under the corresponding CrPC provision, courts consistently held that personal service is the preferred method, and substituted or alternative modes (like affixing at residence) are permissible only when personal service is not practicable, with courts scrutinising whether genuine efforts were made before resorting to alternatives. Courts also treated the signed receipt as important evidence of valid service, relevant when a person later claims they were never summoned. Since BNSS is new, judicial interpretation of the specific electronic-service proviso is still developing.
Common misconceptions
- Myth: A summons can only be delivered by a police officer.
Fact: The law allows court officers or other public servants to serve summons too, if state rules permit it, not just police. - Myth: Electronic summons (like email) has no legal validity.
Fact: The proviso to sub-section (2) explicitly allows summons bearing the court's seal image to be served electronically, as per state government rules. - Myth: You must always sign a receipt when getting a summons.
Fact: Signing is only required if the serving officer asks for it, not automatically in every case.