Section 71 of Bharatiya Nagarik Suraksha Sanhita, 2023: Service of summons on witness

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 69 CrPC
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 71

Section 71 provides for the service of summons on witnesses by speed post, registered post, or electronic means, modernizing witness attendance in criminal trials.

  • Witness Summons: Applicable specifically to witnesses in criminal inquiries and trials.
  • Postal & Electronic Service: Court may direct a copy of the summons to be served by registered post, speed post, or electronic communication (email/messaging).
  • Deemed Service on Endorsement: Acknowledgment of delivery or refusal endorsement by postal employee or electronic read receipt constitutes valid service.
Key Landmark Precedents:
  • State of M.P. v. Shambhu Nath Singh (2001) 4 SCC 667: The Supreme Court lamented chronic trial delays caused by non-service of witnesses, directing trial courts to use all modern postal and electronic service mechanisms.
  • Indian Bank v. Satyam Fibres (India) Pvt. Ltd. (1996) 5 SCC 550: Affirmed that postal acknowledgment cards and refusal endorsements carry statutory presumption of due service.
Courtroom Practice & Strategic Litigation Guidance:

Use postal tracking logs and certified electronic communication delivery reports under Section 63 BSA to prove witness service under Section 71, paving the way for bailable warrants if the witness fails to appear.