BNSS Section 71 – Service Of Summons On Witness.
Code
(1) Notwithstanding anything contained in the preceding sections of this Chapter,
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 or carries on business or personally works for gain.
(2) When an acknowledgement purporting to be signed by the witness or an
endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served.
Explanation: Service Of Summons On Witness
This section provides flexibility in serving summons, enabling faster and more efficient service. It acknowledges the prevalence of electronic communication and allows for its use in legal processes.
Illustration
A court issues a summons to a witness residing in another city. Instead of relying solely on traditional methods, the court can also send a copy of the summons electronically or by registered post. If the witness acknowledges receipt or refuses delivery, or proof of electronic delivery is provided, the court considers the summons duly served.
Common Questions and Answers: Service Of Summons On Witness
Q: What are the acceptable forms of electronic communication for serving summons?
A: The specific methods may be specified by the BNSS or by rules framed under the Act. This could include email, SMS, or other secure electronic platforms.
Q: How can proof of electronic delivery be provided to the court?
A: This could include screenshots of emails with delivery confirmation, digital signatures, or other methods that establish proof of transmission and receipt.
Q: What if the witness denies receiving the summons?
A: If there is evidence of electronic delivery, the court may still deem the summons to have been duly served. However, the witness could raise objections, and the court would then decide on the admissibility of the evidence.
