Section 71 BNSS - Service of Summons on Witness
Section 71 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with an additional mode for serving a summons on a witness. It allows the Court to direct service by electronic communication or registered post, in addition to and simultaneously with the ordinary issue of summons.
Applicable law: Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), in force from July 1, 2024.
Text of Section 71 BNSS
71. Service of summons on witness. - (1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by electronic communication or by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.
(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served.
Meaning and Scope of Section 71
Section 71 creates a specific procedure for service of a summons on a witness. The opening words, "Notwithstanding anything contained in the preceding sections of this Chapter", give the provision an overriding operation over the earlier service provisions to the extent necessary for witness summons.
The provision does not say that electronic communication or registered post must replace the ordinary summons. Instead, the Court may use these methods in addition to and simultaneously with the summons already being issued.
Modes of Additional Service
- Electronic communication: The Court may direct that a copy of the witness summons be served through electronic communication.
- Registered post: The Court may direct service by registered post to the place where the witness ordinarily resides, carries on business, or personally works for gain.
- Parallel service: These methods can be used together with the ordinary issue of summons, helping reduce delay in securing the attendance of witnesses.
When Can the Court Treat the Summons as Served?
Under Section 71(2), the issuing Court may deem the summons duly served when it receives or is satisfied with one of the recognised forms of proof, including:
- an acknowledgement purporting to be signed by the witness;
- an endorsement by a postal employee stating that the witness refused delivery; or
- proof of delivery by electronic communication under Section 70(3) BNSS, to the satisfaction of the Court.
Connection with Section 70(3) BNSS
Section 70(3) states that summons served through electronic communication under Sections 64 to 71 are to be considered duly served, and a copy of the summons is to be attested and kept as proof of service. Section 71(2) expressly relies on this electronic proof when the Court considers whether service on a witness should be treated as complete.
Why Section 71 Is Important
| Feature | Legal significance |
|---|---|
| Electronic communication | Enables faster service and creates an additional statutory method for reaching a witness. |
| Registered post | Provides a documentary trail through acknowledgement or postal endorsement. |
| Refusal of delivery | Allows the Court to deem service complete where the postal endorsement records refusal. |
| Section 70(3) proof | Links electronic service to a statutory proof-of-service mechanism that must satisfy the Court. |
Official Legal Resources
For the authoritative statutory text, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. Information and official material on the new criminal laws are also available from the Ministry of Home Affairs - New Criminal Laws.
Frequently Asked Questions
Can a witness summons be served electronically under BNSS?
Yes. Section 71(1) permits the Court to direct service of a copy of the summons by electronic communication, in addition to and simultaneously with the issue of summons.
Can a summons be treated as served if the witness refuses registered post?
Section 71(2) permits the issuing Court to deem the summons duly served when it receives an endorsement purporting to be made by a postal employee that the witness refused delivery.
What address can be used for registered post?
Section 71(1) refers to the place where the witness ordinarily resides, carries on business, or personally works for gain.
Is electronic delivery automatically sufficient in every case?
Section 71(2) requires proof of delivery under Section 70(3) by electronic communication to the satisfaction of the Court before the Court may deem the summons duly served on that basis.