Section 64: Summons how served
Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 describes the procedure in relation to serving summons. The said section provides for a standardized, modern framework that ensures service delivery of legal notice to persons associated with judicial procedures.
The service of summons shall be by a police officer, officer of the court that issued the summons, or any other public servant designated in the summons. This provision ensures that service of summons is only by an authorized personnel, and hence, the legal integrity and authenticity of the service process remains.
To facilitate effective notice, summons shall be served personally on the person named in the summons, if practicable. It means delivering a copy of the summons directly to the person. If personal service is not available, the Revised Rules provide other modes of service.
Upon the service of summons, the individual served is entitled to sign an acknowledgment on the
reverse of the duplicate summons in case the officer serving summons asks for it. The acknowledgment, in this case, will form proof of service and will give a record that may be considered in accountability matters.
Besides conventional means, summons can also be delivered through electronic communication provided that the summons carries the court seal. This provision is consistent with the evolution of technology which is faster and more efficient than communication as directed by the State Government.
The police stations and the court registrars are also supposed to maintain a register, showing all information relating to people served with summons. These details may include addresses, phone numbers, and e-mail addresses. Such records will make the service process clear, traceable, and verifiable.
