This post covers discuss the various changes introduced in the BNSS in the Chapter VI – Processes to Compel Appearance through Summons.
Form No. 2 of the second schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 is prescribed for issuing summons to an accused person. There are no changes made in the Form No. 2 of BNSS when it is compared with Form 1 of the CrPC.
The major changes introduced in the sections 63 to 70 of the BNSS are as follows:
Form of Summons
1. As per newly introduced section 63(ii), summons can be in an encrypted form or in any other form of electronic communication. This form must have an image of the seal of the court or digital signature of the court issuing the summons.
Service of Summons
2. 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 of the person to whom the summons is supposed to be served.
Service of summons on corporate bodies, firms, and societies
3. Section 65 of the BNSS ensures that the service of summons can be effected to the firms or companies or corporations or registered societies through a registered post letter addressed to any partner, a director, manager, secretary or other officer of the company, corporate entity, or a registered society.
Service when persons summoned cannot be found
4. When the person to be summoned is not found, then any adult family member of the person can be served with the summons for the person. Earlier, only adult male family member of the person can be served.
Service of summons on witness
5. Section 71 of the BNSS empowers the courts to send the summons to witness through electronic communication mode in addition to the registered post.
Part A – Summons is covered from Sections 63 to 70 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corresponds to Sections 61 to 69 of the Code of Criminal Procedure, 1973. The following portion discloses a track mode changes in the aforementioned sections of Bharatiya Nagarik Suraksha Sanhita, 2023 relative to Code of Criminal Procedure, 1973.
Bharatiya Nagarik Suraksha Sanhita, 2023: Sections 63 to 70
CHAPTER VI – PROCESSES TO COMPEL APPEARANCE
A.—Summons
6163. Form of summons.—Every summons issued by a Court under this CodeSanhita shall be,—
(i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court.; or
62(ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature.
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.
6365. Service of summons on corporate bodies, firms, and societies.—.—(1) Service of a summons on a company or corporation may be effected by serving it on the secretary, local managerDirector, Manager, Secretary or other principal officer of the company or corporation, or by letter sent by registered post, addressed to the chiefDirector, Manager, Secretary or other officer of the company or corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
Explanation.—In this section, “company” means a body corporate and “corporation” means an incorporated company or other body corporate and includesregistered under the Companies Act, 2013 (18 of 2013) or a society registered under the Societies Registration Act, 1860 (21 of 1860).
64(2) Service of a summons on a firm or other association of individuals may be effected by serving it on any partner of such firm or association, or by letter sent by registered post addressed to such partner, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
66. Service when persons summoned cannot be found.—Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Explanation.—A servant is not a member of the family within the meaning of this section.
6567. Procedure when service cannot be effected as before provided.—If service cannot by the exercise of due diligence be effected as provided in section 6264, section 6365 or section 6466, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.
6668. Service on Government servant.—(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 6264, and shall return it to the Court under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.
6769. Service of summons outside local limits.—When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.
6870. Proof of service in such cases and when serving officer not present.—(1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 6264 or section 6466) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.
69(3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons.
71. Service of summons on witness by post.—(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 the summons may declaredeem that the summons has been duly served.
STATE AMENDMENT
Andaman and Nicobar Islands U.T.
In section 69 of the Code of Criminal Procedure, 1974 in is application to the Union Territories of the Andaman and Nicobar Islands and Lakshdeep,—
(a) in sub-section (1), after the words “to be served by registered post” the words “or of the substance thereof to be served by wireless message” shall be inserted.
(b) in sub-section (2), for the words “that the witness refused to take delivery of the summons” the words “or a wireless messenger that the witness refused to take delivery of the summons or the message, as the ease may be” shall be substituted.
[Vide Andaman and Nicobar Islands U.T. Act 6 of 1977, s. 2.]