Section 63 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Form Of Summons.

Code:

Every summons issued by a Court under this Sanhita shall be,—

1. (i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court;
2. (ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature.

Explanation:

This code outlines the requirements for issuing summonses by courts under the Bharatiya Nagarik Suraksha Sanhita (BNSS). It mandates that summonses must be:

• In writing: Summonses must be in a physical, written format.
• In duplicate: Two copies of the summons must be prepared.
• Signed by authorized officer: The presiding officer of the court or an officer designated by the High Court must sign the summons.
• Sealed by the Court: The official seal of the court must be affixed to the summons.
• Or in electronic form: Alternatively, the summons can be issued electronically, using encryption or other secure methods.
• With digital signature or image of seal: In electronic form, the summons must include the digital signature or image of the court seal for authentication.

Illustration:

A court issues a summons to a defendant in a criminal case. The summons is drafted in writing, signed by the presiding officer, and bears the official seal of the court. It is also sent electronically to the defendant’s email address in encrypted form and includes a digital signature from the court.

Common Questions and Answers:

Q: Can a summons be issued orally?

A: No, the code explicitly requires summonses to be in writing or electronic form.

Q: Is a digital signature mandatory for electronic summonses?

A: The code mentions digital signature or image of the seal, implying that either option is acceptable.

Q: Who can issue summonses under the BNSS?

A: Courts under the BNSS can issue summonses.

Q: What happens if a summons is not issued in accordance with the code?

A: A summons issued in violation of the code might be considered invalid, potentially affecting the legality of subsequent proceedings.