A summons is an official legal document issued by a Court that informs an individual or organization about a legal action or proceeding that concerns them. It generally contains details about the case, the court's authority, and the obligation of the recipient to reply. The summons acts as a formal request for the individual to attend court or address a legal claim within a designated period.

Not adhering to a summons may result in legal repercussions, including default judgments, issuance of warrant of arrest or penalties. It plays a vital role in the legal process by ensuring that all parties are notified and given a chance to engage in the case. Summons may be issued to defendants, respondents or witnesses.

Section 63 BNSS - Form of Summons:

All summonses issued by a Court under this Sanhita (BNSS) must be:

1. Written in duplicate, signed either by the presiding officer of the Court or by another officer as designated by the High Court through rules, and must include the Court's seal; or
2. Sent in an encrypted format or another form of electronic communication that displays either the Court's seal image or a digital signature.

Note: A new addition has been made in the form of clause (ii) of Section 63 BNSS, which states that Courts are now permitted to issue summons through encrypted communication or any other electronic format that includes the Court's seal or a digital signature.

Section 64 BNSS - Summons How Served:

1. A police officer shall be responsible for the service of every summons, or it may be served by an officer from the issuing Court or another public servant, in accordance with any regulations established by the State Government regarding this matter. The police station or the Court's registrar is required to keep a register that records the address, email address, phone number, and any other details specified by the State Government through regulations.
    
2. Whenever possible, the summons should be served directly to the individual being summoned by handing over or presenting one of the duplicate copies of the summons. However, a summons that includes the Court's seal may also be served via electronic communication, following the format and method set forth by the State Government in its regulations.
    
3. Any individual who receives a summons personally must, if asked by the serving officer, provide a signature on the back of the other duplicate as acknowledgment of receipt.

Note: The provision has been revised. A new Sub-section (1) has been added, stipulating that police stations or registrars in the Courts are responsible for maintaining a register of the required details. Additionally, a proviso to Sub-section (2) has been introduced, allowing for the service of summons via electronic communication in a manner determined by rules set forth by the state government.

ection 65 BNSS - Service of Summons on Corporate Bodies, Firms, and Societies:

1. A summons can be served on a company or corporation by delivering it to the Director, Manager, Secretary, or any other officer of the organization. Alternatively, it may be sent via registered post addressed to the Director, Manager, Secretary, or relevant officer of the company or corporation located in India. In this case, the service will be considered complete upon the letter's arrival during regular postal delivery.
   
   Explanation: For the purposes of this section, "company" refers to a body corporate, while "corporation" denotes an incorporated company or any other corporate body registered under the Companies Act, 2013, or a society registered under the Societies Registration Act, 1860.
    
2. A summons intended for a firm or an association of individuals may be served by delivering it to any partner of that firm or association. Alternatively, it may be sent by registered post to that partner, with service being deemed effective once the letter is typically delivered by post.
   
   Note: The provision has been amended. The title has been revised from "Service of summons on corporate bodies and societies" to "Service of summons on corporate bodies, firms, and societies." The term "Company" has been included in Sub-section (1) alongside the word "corporation," reinforcing the concept that a company functions as a separate legal entity.

In the Explanation of Sub-section (1), "Company" is defined as a body corporate as outlined in the Companies Act of 2013. Additionally, a new Sub-section (2) has been introduced, which states that a summons directed to a firm or other association of individuals can be served by delivering it to any partner of the firm or association, or by sending a letter via registered post to such a partner. In this case, the service will be considered complete once the letter arrives in the ordinary course of postal delivery.

Section 66 BNSS - Service When Persons Summoned Cannot be Found:

If the individual who has been summoned cannot be located despite reasonable efforts, the summons may be served by leaving one of the duplicates with an adult family member who resides with the summoned individual. The person receiving the summons must sign a receipt on the back of the other duplicate if requested by the serving officer. A servant does not qualify as a family member under this provision.

Note: The language in this provision has been updated. The term "adult male member" has been changed to "adult member," which promotes inclusivity and is gender-neutral.

Section 67 BNSS - Procedure When Service Cannot Be Effected as Before Provided:
In instances where service cannot be carried out as outlined in sections 64, 65, or 66 despite the exercise of due diligence, the serving officer is required to attach one of the duplicates of the summons to a visible area of the residence or homestead where the summoned individual typically resides. Subsequently, the Court, after conducting any inquiries it deems appropriate, may either declare that the summons has been properly served or direct that a new service be executed in a manner it finds suitable.

Note: There is no change in this provision.

Section 68 BNSS - Service on Government Servant:

1. If the individual summoned is currently serving in active Government duty, the Court issuing the summon should typically send two copies to the head of the office where the individual is employed. The head of the office shall then ensure that the summons is served in accordance with the provisions outlined in section 64 and return it to the Court with the required endorsement, signed by them.
    
2. This signature will serve as proof of proper service.

Note: There is no change in this provision.

Section 69 BNSS - Service of Summons Outside Local Limits:
When a court wishes for a summons it has issued to be delivered outside its designated jurisdiction, it typically forwards two copies of the summons to a Magistrate who has authority over the area where the individual to be served resides or is currently located.

Note: There is no change in this provision.

Section 70 BNSS - Proof of Service in Such Cases and When Serving Officer Not Present

1. When a court issues a summons that is served outside of its local jurisdiction, and the officer responsible for serving the summons does not attend the case hearing, an affidavit claiming to have been sworn before a Magistrate, indicating that the summons was served, alongside a duplicate of the summons that appears to be endorsed (as specified in section 64 or section 66) by the individual to whom it was delivered, tendered, or left, will be admissible as evidence. The statements contained within it shall be regarded as accurate until proven otherwise.
    
2. The affidavit referenced in this section may be attached to the duplicate of the summons and submitted back to the Court.
    
3. All summons served via electronic communication in accordance with sections 64 to 71 (both inclusive) shall be regarded as properly served, and a copy of such summons must be certified and maintained as proof of service.

Note: There is a change in this provision. Sub-section (3) to Section 70 has been inserted, which provides legitimacy to service of summons in any form of electronic communication, and it clarifies that these summons will be considered duly served.

Section 71 BNSS - Service of Summons on Witnesses

1. Notwithstanding the provisions outlined in the previous sections of this Chapter, a Court that issues a summons to a witness may, at the same time, authorize that a copy of the summons be delivered via electronic communication or sent by registered mail to the witness's usual residence, place of business, or workplace where they earn an income.
    
2. If an acknowledgment signed by the witness is received, or if there is an endorsement from a postal employee indicating that the witness refused to accept the summons, or if proof of delivery of the summons is established under Sub-section (3) of Section 70 through electronic communication to the Court's satisfaction, the Court that issued the summons may consider it to have been properly served.

Note: There is no change in this provision.