(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant:
Provided that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide.
(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons:
Provided that summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide.
(3) Every person on whom a summons is so served personally shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Legal Commentary & Landmark Judgments: Section 64
Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the procedure for service of summons on individuals and introduces comprehensive electronic service mechanisms.
Service effected through registered electronic modes carries statutory presumption of valid service once delivery confirmation is generated.
Section 64 revolutionizes process service by formalizing digital delivery. In trial practice, courts must ensure that electronic delivery receipts correspond to verified contact credentials to prevent fraudulent ex parte declarations.