Introduction 

A summons is a legal document issued by a court ordering a person to appear before it.Under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), summons are typically issued to the accused or witnesses to ensure their presence in court proceedings. 

• Section 63 to 71 of BNSS laid down the provision regarding summons. 
• In Criminal Procedure Code, 1973 (CrPC) the provision regarding summons was laid down under Sections 61 to 69.  

Objective of Summons 

• The main objective of issuing a summons is to notify individuals about the legal action and to provide them an opportunity to present their case or testimony. 

Form of summons: Section 63 of BNSS 

• This section states that every summons issued by the court must be in writing, in duplicate, signed by the presiding officer of the court, and bear the court's seal.  
• It shall be encrypted or any other form of electronic communication and shall bear the image of seal of the Court or digital signature. 

Summons how Served: Section 64 of BNSS 

• The summons shall, if practicable, be served personally to the individual to whom it is directed.  
• A copy of the summons must be delivered to that person or left with someone at his residence.  
• The serving officer must obtain the signature of the person on the original summons as an acknowledgment of receipt.  

Service of Summons on Corporate Bodies, Firms, and Societies: Section 65 of BNSS 

• For a company or corporation summons should be served on the Director, Manager, Secretary or other officer of the company or corporation. 
• For a firm or other association of individuals summons should be served to any partner of such firm or association, or by letter sent by registered post addressed to such partner. 

Service when Person Summoned cannot be Found: Section 66 of BNSS 

• If the person summoned cannot be found, the summons may be served by leaving a copy with an adult member of the person's family residing with him. 
• The person with whom the summons is so left shall, if so required by the serving officer, sign a receipt thereof on the back of the other duplicate. 
• A servant is not a member of the family within the meaning of this section. 

Procedure when Service cannot be Effected as before Provided: Section 67 of BNSS 

• When service cannot be effected by the methods provided in sections 64, 65 or section 66, the serving officer must affix a copy of the summons to a conspicuous part of the house or homestead where the person ordinarily resides. 
• The Court after making such inquiries, may either declare that the summons has been duly served or order fresh service of summons. 

Service of Summons on Government Servant: Section 68 of BNSS 

• Summons to a government servant should be served through the head of the office in which the person is employed.  
• Such head shall serve the summons in the manner provided under section 64 and shall return it to the Court under his signature with the endorsement required by that section. 
• Such signature shall be evidence of due service. 

Service of Summons Outside Local Limits: Section 69 of BNSS 

• If a summons is to be served at a place outside the local limits of the court's jurisdiction, it should be sent to a magistrate within whose jurisdiction the person resides.  
• The magistrate will then proceed with the service of the summons as per the provision of BNSS. 

Proof of Service in such Cases and when Serving Officer not Present: Section 70 of BNSS 

• When a summons issued by a Court is served outside its 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 summon has been served, and a duplicate of the summons shall be admissible in evidence. 
• All summons served through electronic communication under section 64 to 71 shall be considered as duly served and a copy of such summons shall be attested and kept as proof of service of summons. 

Service of Summons on Witness: Section 71 of BNSS 

• 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, carries on business or personally works for gain. 
• When an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons, the Court issuing summons may deem that the summons has been duly served. 

Conclusion 

The provisions for the service of summons under the BNSS are designed to ensure that individuals are duly informed of the legal proceedings involving them and have an opportunity to participate. By adhering to the outlined procedures, the judicial system aims to maintain the integrity and fairness of the criminal justice process. The effective service of summons is not only a legal formality but a cornerstone of ensuring that justice is served.