BNSS Section 64 – Summons How Served

Introduction

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has replaced the old Code of Criminal Procedure (CrPC), 1973, and brought several changes in criminal law in India. One important part of this law is the procedure for issuing and serving summons. Summons are official notices that call a person to appear before a court. Section 64 of BNSS explains how summons must be served, who can serve them, and in what form they can be delivered.

Understanding this section is important not only for lawyers and judges but also for common citizens, because it ensures fairness and transparency in the legal process. In this article, we will break down BNSS Section 64 in simple words and explain its meaning, procedure, and impact on the justice system.

What is a Summons under BNSS?

A summons is a legal order issued by a court, asking a person to appear in court either as an accused, a witness, or for some other legal purpose. Unlike a warrant, which involves police custody, a summons is a simple written notice that respects the dignity of the individual.

Summons serve an important role in ensuring that people are informed of court proceedings. Section 64 of BNSS lays down the exact procedure of how such summons should be delivered so that there is no confusion or misuse.

Detailed Explanation of Section 64

Section 64 of BNSS, 2023, provides the rules for serving summons. It has three subsections:

Subsection (1) – Who can serve summons?

Every summons must be served by a police officer, or, subject to state government rules, by an officer of the court that issued the summons, or any other public servant.
The law also requires that the police station or the court registrar must maintain a register. This register will record important details like the address, phone number, and email address of the person being summoned.
The State Government can frame specific rules on how this information should be recorded.

This makes the process transparent and ensures that summons are not lost or misused.

Subsection (2) – How must the summons be served?

The summons should, if possible, be served personally on the person. This means that one copy of the summons should be handed directly to the individual.
To modernize the system, the law also allows summons to be served through electronic communication, provided the summons carries the court’s official seal in digital form.
The State Government can decide the exact rules for electronic service, such as email, SMS, or other digital methods.

This provision ensures that summons can be served quickly, especially in today’s digital age.

Subsection (3) – Proof of service

If the summons is served personally, the person receiving it may be asked to sign a receipt on the duplicate copy of the summons.
This signed copy acts as proof that the person has officially received the summons.

This step avoids disputes where a person later claims that they were not aware of the summons.

Modes of Serving Summons

BNSS Section 64 introduces both traditional and modern methods for serving summons:

By Police Officer – The most common method, where the local police officer delivers the summons.
By Court Officer or Public Servant – When permitted by the State Government, a court staff member or another authorized person may serve the summons.
Personal Delivery – Directly handing the summons to the concerned person.
Electronic Communication – Serving through email, phone, or other digital platforms, with court approval and proper authentication.

This combination of physical and digital service makes the law flexible and more efficient.

Role of Technology in Serving Summons

One of the most progressive features of BNSS Section 64 is the use of electronic communication for serving summons. In the past, serving summons often took a lot of time due to postal delays or difficulty locating a person. With electronic service, summons can be sent instantly.

Digital service also reduces costs for the court and increases accountability. Since the summons must carry the image of the court’s seal, it maintains authenticity and prevents fraud.

However, the exact method, such as whether summons can be sent via WhatsApp, email, or government portals, will depend on the rules framed by each State Government.

Why Proper Service of Summons is Important

The way summons are served is not a minor technical issue. It has major consequences in criminal cases:

Fair Trial: Every person has the right to know when and why they are being called to court. Proper summons ensure fairness.
Avoiding Delays: If summons are not served properly, cases may get postponed again and again.
Accountability: A register maintained by police stations or courts helps track summons and prevents manipulation.
Proof of Notice: Signed receipts and electronic records provide solid evidence that the person was informed.

Thus, Section 64 strengthens the justice system by making summons service more reliable.

Comparison with Old Criminal Procedure Code (CrPC)

Under the old CrPC, the service of summons was mainly through physical delivery, either by police or court staff. Although there were provisions for alternative methods, the process was often slow and outdated.

BNSS Section 64 modernizes this system in several ways:

Introduction of electronic summons with court’s seal.
Requirement of registers to maintain contact details.
More flexibility for State Governments to frame rules.

This shift shows India’s effort to make criminal justice more efficient and technology-driven.

Practical Challenges in Serving Summons

Even with clear rules, serving summons is not always easy. Some common challenges include:

Incorrect Address: Many times, the person’s address is outdated or incomplete.
Refusal to Accept: Some people avoid receiving summons deliberately.
Digital Divide: Not everyone has access to email or smartphones, especially in rural areas.
Verification Issues: Ensuring that the correct person has received the summons through electronic communication may be difficult.

To overcome these problems, proper training of officers, awareness among citizens, and strong digital systems are required.

Impact on Citizens and Legal System

The changes in BNSS Section 64 are not just technical. They have a real impact on how justice works in India.

For Citizens: People will be better informed and can prepare their defense or testimony in advance.
For Courts: Faster summons service means reduced backlog of cases and quicker hearings.
For Police and Officials: Clear procedures and registers make the process more organized and transparent.

Overall, the new system aims to make justice delivery more efficient, citizen-friendly, and trustworthy.

Conclusion

BNSS Section 64 on the service of summons is a significant step towards modernizing India’s criminal justice system. By allowing both personal and electronic service of summons, it balances tradition with technology. The requirement of registers, digital seals, and signed receipts ensures transparency and accountability.

While practical challenges remain, the law provides flexibility for State Governments to create detailed rules that suit local conditions. For citizens, this means quicker and fairer communication from courts. For the legal system, it means fewer delays and stronger efficiency.

In short, Section 64 of BNSS is not just about serving papers. It is about protecting rights, ensuring fairness, and making justice accessible in the digital age.

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