Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines a detailed process for issuing and serving summons. This article explores the key provisions related to summons under BNSS and also emphasise how summons under BNSS focuses on digital summons as compared to the Criminal Procedure Code (CrPC).
Form of Summons (Section 63 of BNSS):
BNSS prescribes a specific form for summonses issued by a court. According to Section 63, every summons must be in writing, in duplicate, signed by the presiding officer or another designated officer, and bear the seal of the court. Alternatively, it can be in an encrypted or electronic form, including the image of the court's seal.
Service of Summons (Section 64 of BNSS):
Section 64 outlines the process of serving summons, specifying that it should be carried out by a police officer or another designated officer of the court. The police station or court registrar is required to maintain a register containing essential details as directed by the State Government. The summons should ideally be served personally, with an option for electronic communication as per State Government rules.
Service on Corporate Bodies, Firms, and Societies (Section 65 of BNSS):
Section 65 addresses the service of summons on corporate bodies, firms, and societies. For companies or corporations, service can be effected by serving the Director, Manager, Secretary, or another officer. Similar provisions apply to firms or associations, allowing service on any partner or through registered post.
Service when Persons Summoned Cannot be Found (Section 66 of BNSS):
Section 66 deals with situations where the person summoned cannot be found. In such cases, the summons may be served by leaving a duplicate with an adult member of the person's family. A servant is explicitly excluded from the definition of a family member under this section.
Alternative Procedures for Unsuccessful Service (Section 67 of BNSS):
If the service cannot be completed as provided in Sections 64, 65, or 66, Section 67 allows the serving officer to affix one duplicate of the summons to a conspicuous part of the person's residence. The court may then declare the summons duly served or order fresh service.
Service on Government Servant (Section 68 of BNSS):
When summoning a government servant, Section 68 instructs the court to send the summons to the head of the office where the person is employed. The head of the office, upon service, returns the summons with the necessary endorsement, serving as evidence of due service.
Service of Summons Outside Local Limits (Section 69 of BNSS):
Section 69 empowers a court to send a summons issued by it to be served outside its local jurisdiction. This involves sending the summons to a Magistrate within the jurisdiction of the person summoned.
Proof of Service and Electronic Communication (Section 70 of BNSS):
Section 70 establishes the proof of service when a summons is served outside the local jurisdiction. An affidavit and a duplicate of the summons, with necessary endorsements, are admissible in evidence. Notably, electronic communication under Sections 64 to 71 is considered duly served, with a copy attested for proof.
Service of Summons on Witness by Post and electronic means (Section 71 of BNSS):
Section 71 introduces an innovative approach, allowing a court to issue a summons to a witness via electronic communication or registered post. Acknowledgments or proofs of delivery through electronic communication are deemed as proof of duly served summons.
How BNSS Summons Differ from CrPC Summons:
While both BNSS and CrPC govern legal processes, BNSS provides specific details and incorporates electronic communication for summons. Unlike CrPC, BNSS introduces flexibility in summoning procedures, particularly when utilizing electronic means, acknowledging the evolving landscape of communication technologies.
Frequently Asked Questions (FAQs) on Summons under Bharatiya Nagarik Suraksha Sanhita (BNSS):
1. What is the form of summons under BNSS?
Every summons issued under BNSS must be in writing, in duplicate, signed by the presiding officer or another designated officer, and bear the seal of the court. Alternatively, it can be in an encrypted or electronic form, including the image of the court's seal (Section 63).
2. Who can serve a summons under BNSS?
Summons under BNSS can be served by a police officer or another designated officer of the court. The State Government may provide rules regarding service, including the option for electronic communication (Section 64).
3. How is service on corporate bodies, firms, and societies executed under BNSS?
For companies or corporations, service can be effected by serving the Director, Manager, Secretary, or another officer. Similar provisions apply to firms or associations, allowing service on any partner or through registered post (Section 65).
4. What happens if the person summoned cannot be found?
In cases where the person summoned cannot be found, the summons may be served by leaving a duplicate with an adult member of the person's family. A servant is explicitly excluded from the definition of a family member (Section 66).
5. What alternative procedures are available for unsuccessful service under BNSS?
If service cannot be completed through standard procedures, Section 67 allows the serving officer to affix one duplicate of the summons to a conspicuous part of the person's residence. The court may then declare the summons duly served or order fresh service.
6. How is a government servant served with a summons under BNSS?
Section 68 instructs the court to send the summons to the head of the office where the government servant is employed. The head of the office, upon service, returns the summons with the necessary endorsement, serving as evidence of due service.
7. Can a BNSS summons be served outside its local jurisdiction?
Yes, Section 69 empowers a court to send a summons issued by it to be served outside its local jurisdiction. This involves sending the summons to a Magistrate within the jurisdiction of the person summoned.
8. How is proof of service established under BNSS?
Section 70 establishes proof of service when a summons is served outside the local jurisdiction. An affidavit and a duplicate of the summons, with necessary endorsements, are admissible in evidence. Electronic communication under Sections 64 to 71 is considered duly served.
9. Can a summons be issued to a witness through electronic communication under BNSS?
Yes, Section 71 allows a court to issue a summons to a witness via electronic communication or registered post. Acknowledgments or proofs of delivery through electronic communication are deemed as proof of duly served summons.
10. How do BNSS summons differ from CrPC summons?
BNSS summons differ from CrPC summons by incorporating electronic communication, providing specific details for service on corporate bodies, introducing flexibility in summoning procedures, and acknowledging evolving communication technologies.
Summons under BNSS (Bharatiya Nagarik Suraksha Sanhita) : Overview