Section 63 BNSS: Form of summons (Formerly Section 61 CrPC)

Section 63 of Bharatiya Nagarik Suraksha Sanhita, 2023: Form of summons

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 63

Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the statutory form, signatures, and authentication requirements for court summons.

Process Issuance & Attendance: Section 63 provides that every summons issued by a Court shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may direct, and shall bear the seal of the Court.
Digital Infrastructure Jurisdiction: In a major modernization, sub-section (2) explicitly authorizes the issuance of summons in electronic form bearing an encrypted electronic signature as provided under the Information Technology Act, 2000, establishing complete digital parity for judicial process.

Key Landmark Precedents:

Central Bank of India v. V. Rajagopalan (AIR 1964 SC 743): The Supreme Court ruled that a summons must be clear, unambiguous, and specify the exact matter or offence; a vague or improperly authenticated summons vitiates process.
State of M.P. v. Budhram (1996) Cr LJ 468: Held that strict compliance with the statutory form of summons is essential before coercive steps like bailable or non-bailable warrants can be issued.

Legal Commentary:

Section 63 ensures judicial summons meet formal authenticity standards. With electronic summons now formally sanctioned, verifying cryptographic verification and delivery timestamps is essential in service challenge applications.