Law4u - Made in India

What Is BNSS Section 64?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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 the 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.

Brief Detail

Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedures for serving summons. It specifies that summons must generally be served by a police officer or an authorized court officer, who must maintain a register of recipients’ contact details. The section emphasizes personal service of summons, allowing electronic delivery under certain conditions. Recipients are required to acknowledge receipt by signing the duplicate.

Question & Answers

Q: Who is responsible for serving a summons according to Section 64?

A: A police officer or an officer of the Court issuing the summons, or another public servant, is responsible for serving the summons.

Q: What details must be recorded when serving a summons?

A: The police station or the registrar must maintain a register that includes the address, email address, phone number, and other details as specified by the State Government.

Q: How should a summons be served if practicable?

A: The summons should be served personally on the person summoned by delivering or tendering one of the duplicates of the summons.

Q: Can summons be served electronically?

A: Yes, summons bearing the image of the Court's seal may be served by electronic communication as provided by the State Government.

Q: What must a person do upon receiving a summons personally?

A: The person must sign a receipt on the back of the other duplicate if required by the serving officer.

Example

  • A police officer arrives at a person's residence to deliver a summons personally, handing over one duplicate while ensuring the recipient signs for it.
  • In a case where personal delivery is not feasible, a summons may be sent via email, provided it includes the Court's seal as specified by the State Government.
  • After receiving the summons, an individual acknowledges receipt by signing the required document, ensuring a record of delivery.

Summary

Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the protocol for serving summons, highlighting the roles of police and court officers in the process. It emphasizes the importance of personal service and the maintenance of a detailed register of recipients, while also allowing for electronic delivery methods under specific conditions.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Mohd Alam

Advocate Mohd Alam

Cheque Bounce, Child Custody, Court Marriage, Criminal, Muslim Law, Wills Trusts, Motor Accident, Family, Domestic Violence, Anticipatory Bail, Cyber Crime

Get Advice
Advocate Debopriyo Roy

Advocate Debopriyo Roy

Cheque Bounce, Criminal, Civil, Divorce, Consumer Court, Court Marriage, Recovery, Succession Certificate, Muslim Law, Motor Accident, Medical Negligence, Breach of Contract, Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Child Custody, Family, Domestic Violence, Landlord & Tenant, Insurance, High Court, Cyber Crime, Property, RERA, Documentation, NCLT, R.T.I, Wills Trusts

Get Advice
Advocate S N Khetan

Advocate S N Khetan

Criminal, Civil, Family, Domestic Violence, Cheque Bounce

Get Advice
Advocate Dr Srinivas Rao P

Advocate Dr Srinivas Rao P

Criminal, Cyber Crime, High Court, International Law, Patent, R.T.I, Startup, Supreme Court, Cheque Bounce

Get Advice
Advocate R S Raghuwanshi

Advocate R S Raghuwanshi

Cheque Bounce, Civil, Criminal, GST, Domestic Violence, Family, Insurance, Motor Accident, Tax, Trademark & Copyright

Get Advice
Advocate Pramod Kumar Tewari

Advocate Pramod Kumar Tewari

Criminal, Cheque Bounce, Family, Consumer Court, Anticipatory Bail

Get Advice
Advocate Nitin Kumar

Advocate Nitin Kumar

Banking & Finance, Cheque Bounce, Consumer Court, Corporate, Customs & Central Excise, Cyber Crime, Documentation, GST, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue, Criminal, Civil, Child Custody, Court Marriage

Get Advice
Advocate Ravi Mehta

Advocate Ravi Mehta

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Motor Accident, NCLT, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Tax

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.