Section 71: Service of summons on witness
Section 71 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is one such section that introduces modernized provision to the service of summons on witnesses. The provision to include electronic communication and registered postal services as legitimate methods of service of summons enhances the efficiency, accessibility, and reliability of legal notifications, a characteristic of evolving times in terms of communication, given the advancements of the digital world.
It allows the court to order issuance of summons upon a witness along with the requirement for such summons to be served via electronic communication or registered post. The summons is directed to be delivered at the regular place of abode or usual residence or place of business, or of employment or otherwise at any place at which the summons is likely to come to the notice of the witness. This allows service by more alternatives to in-person delivery. This can make it more versatile and efficient
The sub-section stipulates that the acknowledgment of receipt executed by the witness, or any endorsement by postal employees showing that the witness refused to receive the summons, will be valid proof of service.
Also, proof of delivery via electronic means (email receipts, SMS confirmations) is allowed as service proof. In the case when a witness refused to accept summons, the court still can use such a kind of service basing on a stamp of postal worker, under condition that documents showing such a refusal were filled in in enough detail.
This section allows the court service to have a clear means to notify a witness about the need to attend court under this administration, even if the witness is situated in an out-of-the-way place or personal service of the summons is impracticable.
Electronic communication methods help to reduce delays that are associated with the traditional postal services, especially in urgent or time-sensitive cases.
Comparison with Traditional Methods:
Traditional Service of Summons: Traditionally, summons were serviced either personally or by posting, where summons delivery was achieved by the mere presence of someone. Sometimes it was even not possible to provide the summons timely due to issues with postal communication or the search for witnesses.
The option to consider electronic communication as an accepted service means provides greater flexibility in the service of summonses. This is not only a more efficient way of processing the service, but also ensures witnesses are notified in a timely fashion, thereby eliminating undue delays in court proceedings. The new strategy also brings the legal system up-to-date with technological times, thereby rendering it even more accessible and faster in general.
