Introduction of Section 64 of BNSS
Section 64 of the BNSS Act addresses the crucial procedural matter of summons service in legal proceedings. This section establishes the formal protocols for delivering court summons to individuals, ensuring they receive proper notification about legal actions that require their response or appearance. The provision balances traditional in-person service methods with modern electronic communication options, while maintaining necessary procedural safeguards. Section 64 is fundamental to upholding due process by ensuring parties have actual notice of proceedings against them.
- Introduction of Section 64 of BNSS
- What is BNSS Section 64 ?
- BNSS Section of 64 in Simple Points
- Section 64 of BNSS Overview
- Section 64 of BNSS Short Information
- BNSS Section 64 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNSS Section 64 ?
BNSS Section 64 explains how a summons (a legal order asking someone to appear before a court) should be delivered to a person. It ensures the summons is properly served either by hand or through electronic means. The aim is to make sure the person receives it and is aware of the legal matter.
BNSS Section of 64 in Simple Points
1. Who Can Deliver a Summons
Only police officers or court officials can deliver a summons. Regular citizens cannot do this job. This makes sure the delivery is official and proper.
2. Personal Delivery is Important
When possible, the summons should be handed directly to the person. This means giving the paper straight to them, not just leaving it somewhere. Direct delivery helps prove they really got it.
3. Electronic Delivery is Now Allowed
Summons can also be sent by email or other electronic ways if it has the court’s official seal on it. This helps when finding someone in person is difficult.
4. Keeping Records is Required
Police stations and courts must keep a list with people’s addresses, phone numbers, and email addresses. This helps track who got a summons and how to contact them.
5. Proof of Delivery
The person getting the summons might need to sign the back of a copy. This signature proves they really received it. The officer keeps this signed copy as evidence.
Section 64 of BNSS Overview
BNSS Section 64 can be defined as the statutory provision that governs the methods, procedures, and requirements for serving summons in legal proceedings. It specifically outlines who is authorized to serve summons, the manner in which service must be conducted, the requirement for personal service when practicable, provisions for electronic service, documentation requirements including receipt signatures, and record-keeping obligations for courts and police stations. This section ensures that summons service follows standardized procedures that uphold legal standards for notification.
BNSS Section 64: 10 Key Points on Service of Summons
1. Authority for Service
Police officers are the main people who deliver summons. Court officers or other public servants can also deliver summons if the State Government allows it through rules. This means only official people can hand over a summons, not just anyone.
2. Digital Record Keeping
Police stations and courts must keep a register with contact details of people receiving summons. This includes their home address, email address, and phone number. The State Government can ask for other details too. This helps track who has been summoned and how to contact them.
3. Personal Delivery is Best
Whenever possible, the summons should be handed directly to the person named in it. The officer must give one copy of the summons directly to that person. This face-to-face delivery makes sure the right person gets the summons.
4. Electronic Delivery is Allowed
Summons can also be sent electronically (like by email or other digital means) if it has the court’s seal image on it. The State Government makes rules about how this electronic delivery works. This makes delivery faster when personal delivery isn’t possible.
5. Signing for Receipt
When someone gets a summons in person, the officer delivering it can ask them to sign the back of the second copy. This signature proves the person actually received the summons. The officer keeps this signed copy as proof of delivery.
6. State Government Makes the Rules
The State Government creates detailed rules about how summons should be delivered. They decide what information needs to be collected and how electronic delivery should work. These rules make sure the process is done properly.
7. Protection of Rights
These rules protect everyone’s right to know if they’re involved in a legal case. By having strict rules about delivery, people can’t claim they never knew about a court case. The rules make sure everyone gets fair notice.
8. Paper Trail Creation
The summons process creates important records. There are two copies of each summons – one for the person being summoned and one for the court records. The signature on the back of the court’s copy creates proof that delivery happened.
9. Modern and Traditional Methods
The law combines old and new ways of delivering summons. Traditional in-person delivery is still the main method, but electronic delivery is now accepted too. This helps the legal system keep up with modern technology while maintaining official standards.
10. Making Sure People Show Up
The whole point of these detailed rules is to make absolutely sure that people know when they need to appear in court. When summons are delivered properly, people can’t avoid legal proceedings by claiming they didn’t know about them. This helps the courts work efficiently and fairly.
Examples of BNSS Section 64 Application
Example 1: Personal Service
Rahul Kumar is named in a civil dispute regarding property boundaries. The local court issues a summons requiring his appearance. Officer Singh from the local police station takes the duplicate copies of the summons to Rahul’s residence. Finding Rahul at home, Officer Singh explains the purpose of his visit, hands one copy of the summons directly to Rahul, and asks him to sign the back of the second copy as proof of receipt. Officer Singh then returns the signed copy to the court, completing proper personal service under Section 64(2) and 64(3).
Example 2: Electronic Service
Priya Sharma runs a business and is rarely at her registered address. After multiple failed attempts at personal service, the court decides to use electronic service as permitted under Section 64(2). Using the email address recorded in the court registry as required by Section 64(1), the court sends Priya an electronic summons bearing the court’s seal image. The electronic delivery system generates a delivery receipt when Priya opens the email. This electronic service, conducted according to State Government rules, constitutes valid service under the proviso to Section 64(2) despite the absence of physical delivery.
Section 64 of BNSS Short Information
| No. | Key Point | Explanation |
|---|---|---|
| 1. | Who can serve | The summons can be served by a police officer, a court officer, or another authorized public servant. |
| 2. | Details in Register | The court or police must maintain a register with the person’s contact details like phone, email, and address. |
| 3. | Personal Delivery | If possible, the summons should be delivered directly to the person by hand. |
| 4. | Electronic Delivery | Summons can also be sent via email or electronic communication, if rules allow. |
| 5. | Receipt Signature | If delivered by hand, the person must sign a receipt on the back of the duplicate copy. |
BNSS Section 64 FAQs
BNSS 64
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