Section 64 BNSS 2023: Summons How Served
Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains how a Court summons is to be served. It identifies the persons who may serve a summons, recognises personal service as the ordinary method where practicable, permits electronic service subject to State Government rules, and provides for acknowledgment of personal service.
Text of Section 64, Bharatiya Nagarik Suraksha Sanhita, 2023
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.
Meaning of Section 64 BNSS
Section 64 governs the ordinary procedure for service of a summons issued under the BNSS. A summons is a Court process requiring the person named in it to appear or otherwise comply with the direction of the Court. Section 63 deals with the form of the summons, while Section 64 deals principally with the manner in which that summons reaches the person summoned.
Who may serve a summons?
Under Section 64(1), a summons may be served by a police officer. Subject to rules made by the State Government, it may also be served by an officer of the Court issuing the summons or by another public servant. The provision therefore recognises more than one authorised channel of service.
Register of contact details
The proviso to Section 64(1) requires the police station or the registrar in the Court to maintain a register containing the address, email address and phone number, together with any other details that the State Government may prescribe by rules.
This requirement supports both physical and electronic methods of service and should be read with the State-specific rules made for implementation of the BNSS.
Personal service under Section 64(2)
Where practicable, the summons is to be served personally on the person summoned. Personal service is effected by delivering or tendering one of the duplicate copies of the summons to that person.
If the serving officer requires it, the person personally served must sign a receipt on the back of the other duplicate. This acknowledgment provides a record that personal service was effected.
Electronic service of summons
The proviso to Section 64(2) expressly permits service through electronic communication where the summons bears the image of the Court's seal. However, the form and manner of such electronic service are to be prescribed by rules made by the State Government.
Accordingly, Section 64 creates the statutory basis for electronic service but does not by itself prescribe one uniform nationwide technical method. The applicable State rules should be checked to determine the authorised mode, procedure and proof of electronic service in a particular jurisdiction.
Definition of electronic communication
Section 2(1)(i) of the BNSS defines electronic communication broadly to cover written, verbal or pictorial information or video content transmitted or transferred by electronic means, including through telephones, mobile phones, wireless telecommunication devices, computers, audio-video players, cameras and other electronic devices or electronic forms specified by Central Government notification.
Key requirements at a glance
| Requirement | Section 64 rule |
|---|---|
| Authorised server | Police officer, or subject to State rules, an officer of the issuing Court or another public servant. |
| Contact register | Police station or Court registrar maintains address, email address, phone number and other prescribed details. |
| Personal service | If practicable, one duplicate is delivered or tendered personally to the person summoned. |
| Electronic service | Permitted for summons bearing the image of the Court's seal, in the form and manner prescribed by State rules. |
| Receipt | On personal service, the person served must sign a receipt on the other duplicate if required by the serving officer. |
Related BNSS provisions on service of summons
Section 64 is part of Chapter VI of the BNSS, dealing with processes to compel appearance. The succeeding provisions contain special rules for service in different situations.
| Section | Subject |
|---|---|
| Section 63 | Form of summons. |
| Section 64 | Summons how served. |
| Section 65 | Service of summons on corporate bodies, firms and societies. |
| Section 66 | Service when persons summoned cannot be found. |
| Section 67 | Procedure when service cannot be effected as before provided. |
| Section 68 | Service on Government servant. |
| Section 69 | Service of summons outside local limits. |
| Section 70 | Proof of service in specified cases and when serving officer is not present. |
Difference from the earlier CrPC framework
Section 64 broadly corresponds to Section 62 of the Code of Criminal Procedure, 1973, but the BNSS expressly incorporates digital-era features. These include maintenance of email and phone details and statutory recognition of electronic service, subject to State Government rules.
When did Section 64 BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception specified in the commencement notification.
Official legal resources
For the official BNSS text and current statutory material, see the Ministry of Home Affairs - New Criminal Laws and the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The commencement date is notified in S.O. 848(E), dated 23 February 2024.