Bharatiya Nagarik Suraksha Sanhita, 2023
Section 71
Service of summons on witness
(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by electronic communication or by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.
(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served. B.—Warrant of arrest
Why this exists
Under the old Code of Criminal Procedure, summons to witnesses mainly relied on physical delivery, which could be slow, unreliable, or easy to dodge by claiming non-receipt. As courts increasingly used email, SMS, and digital platforms (especially after COVID-19 disrupted physical court processes), the law was updated in BNSS 2023 to formally recognize electronic communication as a valid, simultaneous channel for serving witness summons, alongside registered post, to speed up trials and reduce delays caused by service disputes.
How courts read it
This is a new provision under BNSS 2023, so there isn't yet a body of case law interpreting it directly. It builds on the approach courts had already started taking during the COVID-19 pandemic, when the Supreme Court and various High Courts permitted electronic service of summons and notices as a practical necessity. Courts are likely to continue insisting on clear proof of delivery (such as read receipts, delivery reports, or acknowledgments) before treating electronic service as valid, consistent with how they scrutinized postal acknowledgments under the older Section 69 of the CrPC.
Common misconceptions
- Myth: A witness summons is only valid if it's handed over in person by a police officer.
Fact: Under this section, a summons sent by registered post or electronic communication (like email) is also valid, as long as there's proof of delivery or an appropriate acknowledgment. - Myth: If a witness ignores an email summons, the case cannot proceed against them.
Fact: If there's proof the electronic message was delivered, the court can treat the summons as duly served regardless of whether the witness responds.