Section 71 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Service Of Summons On Witness.

(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 of Section 71 BNSS

Key Aspects of Summons Service

1. Simultaneous Electronic and Physical Service

   • The Court may send summons both physically (registered post) and electronically (email, SMS, or other means).

   • This ensures faster and more reliable communication.

2. Electronic Proof of Delivery

   • If the witness acknowledges receipt of the electronic summons, it is deemed served.

   • If the witness refuses delivery or the postal service confirms attempted delivery, it is still considered served.

3. Reference to Section 70(3) BNSS

   • Section 70(3) allows summons to be delivered electronically, and if proof of service exists, the Court may assume it has been duly received.

Illustration of Section 71 BNSS

Example 1: Service via Registered Post and Email

The Court issues a summons to a witness in a fraud case.

• The summons is sent via registered post and emailed to the witness.

• The witness receives and acknowledges the email.

• The Court treats the summons as duly served.

Example 2: Refusal to Accept Summons

A witness refuses to accept the postal summons delivered at his residence.

• The postal service marks it as “refused”.

• The summons was also sent electronically and a delivery confirmation exists.

• The Court deems the summons as served, and the witness must comply.

Common Questions and Answers on Section 71 BNSS

1. Can a witness refuse a summons and claim non-receipt?

❌ No. If the witness refuses delivery or the electronic proof of service exists, the summons is legally considered served.

2. What electronic methods can be used to serve summons?

✅ The Court may use:

• Email

• SMS/WhatsApp

• Other legally approved digital platforms

3. Is physical service of summons still required?

✅ Yes, but it can be supplemented by electronic communication to ensure delivery.

4. Can a witness challenge the validity of an electronic summons?

✅ A witness may dispute it, but the Court will verify the proof of delivery before making a decision.

5. How does this provision improve legal efficiency?

🚀 It reduces delays, ensures faster service, and prevents witnesses from avoiding summons.

Conclusion

Section 71 BNSS modernizes the legal system by allowing electronic service of summons alongside traditional methods. By ensuring faster, more reliable delivery, it strengthens judicial efficiency and prevents witnesses from avoiding court proceedings.

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