BNSS Section 71 – Service Of Summons On Witness.
Code
(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) allows courts to serve summons to witnesses through electronic communication or registered post, in addition to traditional methods.
(2) states that when the court receives an acknowledgement signed by the witness or proof that the witness refused to take delivery of the summons, or proof of delivery via electronic communication under Section 70(3), the court can deem the summons to have been duly served.
Explanation
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
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.
