Section 63 BNSS 2023: Form of Summons
Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the legally recognised form of a summons issued by a Court. It permits both the traditional written summons and an electronic summons, subject to the authentication requirements stated in the section.
Text of Section 63, Bharatiya Nagarik Suraksha Sanhita, 2023
63. Form of summons.
Every summons issued by a Court under this Sanhita shall be,-
(i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court; or
(ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature.
Meaning of Section 63 BNSS
Section 63 sets out the formal requirements for a Court summons under the BNSS. A summons is a judicial process requiring a person to appear before a Court or otherwise comply with the direction stated in the process. For validity of its form under Section 63, the summons must satisfy either clause (i) or clause (ii).
Two legally recognised forms of summons
| Form | Requirements under Section 63 |
|---|---|
| Written summons | It must be in writing and in duplicate, signed by the presiding officer of the Court or another officer authorised by High Court rules, and it must bear the seal of the Court. |
| Electronic summons | It may be in encrypted or another form of electronic communication and must bear either the image of the Court seal or a digital signature. |
What is electronic communication under the BNSS?
Section 2(1)(i) of the BNSS defines electronic communication broadly. It covers written, verbal or pictorial information or video content transmitted or transferred by electronic means, including through a telephone, mobile phone, wireless telecommunication device, computer, audio-video player, camera or another electronic device or electronic form specified by Central Government notification.
This definition is important for Section 63 because the provision expressly allows a Court summons to exist in an electronic form, provided the authentication requirement in clause (ii) is satisfied.
Essential requirements of a valid summons under Section 63
- It must be issued by a Court: Section 63 applies to summons issued by a Court under the BNSS.
- Written form: a paper summons must be in writing and in duplicate.
- Signature: the written summons must be signed by the presiding officer or another officer authorised under High Court rules.
- Court seal: the written summons must bear the seal of the Court.
- Electronic alternative: the summons may instead be issued through encrypted or other electronic communication.
- Electronic authentication: an electronic summons must bear the image of the Court seal or a digital signature.
Section 63 and service of summons
Section 63 deals with the form of the summons. The manner in which summons is served is dealt with by the succeeding provisions of Chapter VI. Section 64 governs how summons is served, while Sections 65 to 71 contain rules for particular persons, situations and proof of service.
Related BNSS provisions
| Section | Subject |
|---|---|
| Section 63 | Form of summons. |
| Section 64 | Summons how served. |
| Section 65 | Service of summons on corporate bodies, firms and societies. |
| Section 66 | Service when persons summoned cannot be found. |
| Section 67 | Procedure when service cannot be effected as before provided. |
| Section 68 | Service on Government servant. |
| Section 69 | Service of summons outside local limits. |
| Section 70 | Proof of service in specified cases and when serving officer is not present. |
| Section 71 | Service of summons on witness. |
Electronic summons under the BNSS
One of the significant features of Section 63 is its express statutory recognition of electronic summons. The provision permits the Court process to be issued in encrypted or another electronic form, while retaining a requirement for authentication through the image of the Court seal or a digital signature.
The precise operational procedure for electronic issuance and service may also depend on applicable rules, High Court directions and State-specific electronic process rules. Users should therefore check the rules applicable to the Court and State concerned in addition to Section 63 itself.
When did Section 63 BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception specified in the commencement notification.
Official legal resources
For the current statutory text and section structure, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The commencement date is notified by the Ministry of Home Affairs in S.O. 848(E), dated 23 February 2024.