Section 62 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Arrest to be made strictly according to Sanhita.
No arrest shall be made except in accordance with the provisions of this Sanhita
or any other law for the time being in force providing for arrest.
CHAPTER VI PROCESSES TO COMPEL APPEARANCE
A.—Summons
Section 63 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Form of summons.
Every summons issued by a Court under this Sanhita 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
(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.
Section 64 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
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 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.
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Section 65 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
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 Director, Manager, Secretary or other officer of the company or corporation, or by letter sent by registered post addressed to the Director, 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 registered under the Companies Act, 2013 or a society registered under the Societies Registration Act, 1860.
(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.
Section 66 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS), Bare Act:
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 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.
Section 67 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):
Procedure when service cannot be effected as before provided.
If service cannot by the exercise of due diligence be effected as provided in section 64, section 65 or section 66, 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.
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