Introduction to Section 63 BNSS
Section 63 BNSS is part of Chapter VI of the Bharatiya Nagarik Suraksha Sanhita, 2023, which deals with how to legally compel a person to appear in court. This section talks about the correct form and method a court must use when issuing a summons. A summons is a formal order from the court, asking a person to appear before it for legal proceedings. This section ensures that summons are properly made either on paper or in electronic form with appropriate signatures or seals.
What is BNSS Section 63 ?
BNSS Section 63 is a rule under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), that explains the correct legal format in which a court summons should be issued. A summons is an official notice asking someone to appear in court, either as a witness, accused, or for any legal proceeding.
BNSS Section of 63 in Simple Points
1. Legal Format for All Summons
Under BNSS Section 63, every summons must follow a fixed legal format. It should either be printed on paper in duplicate or sent digitally. This ensures consistency and avoids any confusion. Courts must follow this rule strictly, so that the person receiving the summons cannot claim it was invalid. It brings uniformity to all court procedures related to appearance. This system is important for transparency. It also helps in proving that a summons was properly issued. Even in digital mode, it should be verifiable.
2. Traditional Paper Summons Still Allowed
Although India is becoming more digital, paper-based summons are still valid. If the summons is issued in paper form, it must be written in duplicate, meaning two copies are made. One is kept for records, and the other is given to the person summoned. It must be signed by the judge or an authorized officer and must bear the seal of the court. This proves that the summons is genuine and official. The format helps preserve legality in rural areas where digital access is limited.
3. Use of Electronic Summons
BNSS 63 also recognizes digital communication. Summons can be sent via encrypted email or secure electronic platforms. These electronic summons must carry either a digital signature or an image of the court seal. This method is faster, especially in urgent matters or during emergencies. It also helps courts handle a large number of cases efficiently. The digital method is safe, as encryption protects the information. It promotes the modernization of the Indian judicial system.
4. Authority to Sign and Issue Summons
Not just any court employee can sign a summons. It must be signed either by the presiding officer (judge) or by an officer authorized by the High Court. This avoids misuse of power and ensures authenticity. If a summons does not have the proper signature or seal, it may not be considered valid in court. This rule ensures that all summons carry legal value and that there is accountability for those who issue them.
5. Summons Cannot Be Oral or Informal
A very important part of BNSS Section 63 is that no summons can be verbal or informal. It must be in writing or in a secure digital format, and it must include specific formal elements like the name of the court, person summoned, case details, seal, and signature. This reduces the chances of confusion or false claims. It protects both the court and the person receiving the summons by maintaining clear documentation. This ensures that the legal process starts on a strong, valid footing.
Section 63 of BNSS Overview
BNSS Section 63 says that every summons from a court must be:
- In writing, made in duplicate, and signed by a judge or officer authorized by the High Court, and must carry the seal of the court;
OR - In encrypted or electronic format, with either a digital signature or the image of the court seal.
This ensures the summons is official, verifiable, and secure.
BNSS Section 63 – 10 Key Points
1. Purpose of Summons
BNSS Section 63 ensures that every court-issued summons follows a legal format. A summons is a legal order asking someone to appear before the court. This section guarantees that there is a clear, uniform method to issue such orders. Whether on paper or digital, the summons must be valid and verifiable. This is important so that no one can deny receiving it or claim it was illegal. It helps courts avoid misuse and errors. The goal is legal clarity and smooth process. It ensures court orders are respected.
2. Written Summons Must Be in Duplicate
If the summons is issued in a traditional paper form, it must be made in duplicate. One copy is served to the person, while the second stays with the court. This helps in maintaining legal records. It can be used as proof if needed during proceedings. It must be signed and sealed properly. This rule protects the court and the person receiving the summons. Duplicate copies are a simple way to maintain legal transparency.
3. Must Be Signed by Authority
A summons cannot be signed by just any court clerk. It must be signed by either the presiding officer (judge) or by another officer authorized by the High Court. This helps prevent false or unauthorized summons. The signature acts as proof of authenticity. Without a valid signature, the summons may not be enforceable in court. This rule builds trust in the legal system and ensures accountability. It also ensures that summons are not misused.
4. Court Seal Is Mandatory
Every summons must carry the official seal of the court. This seal confirms that the document is official and not fake. Without the seal, it could be treated as invalid. A court seal is like a stamp of authority. Whether on a physical or digital summons, the presence of this seal is necessary. It confirms the document’s source and makes it legally binding. The court seal makes the summons trustworthy and real.
5. Electronic Summons Are Now Allowed
In today’s digital world, BNSS Section 63 allows summons to be sent in encrypted or electronic form. This includes secure email or apps used by the court. It helps in faster delivery and easier tracking. The electronic summons must have a digital signature or image of the court seal. This ensures it is secure and authentic. This move helps courts become more modern and reduce paperwork. It saves time and increases efficiency.
6. Digital Summons Must Be Secure
The electronic summons must be sent through a secure, encrypted system. This protects sensitive legal information from being accessed or changed. Encryption ensures the message is safe from hacking or misuse. Courts may use official digital platforms or verified government portals for this purpose. This rule is crucial for maintaining the integrity of the judicial system. It prevents fraud and confirms that only the correct person receives the summons.
7. High Court Can Set Rules
The High Court has the power to make detailed rules about how summons should be signed and who is authorized. This allows some flexibility depending on the region or situation. For example, if a court lacks certain officers, the High Court can appoint someone else with the authority to sign summons. These rules help adapt the system while keeping it lawful. It also helps courts in smaller towns or rural areas function properly.
8. Verbal Summons Not Accepted
BNSS 63 clearly says that a verbal or informal summons is not valid. All summons must be either written or electronic, and follow the rules about signature and seal. This protects people from being wrongly ordered to court. It also gives the person proof of the summons, in case they need to show it. Written records are important in law, and this rule ensures that proper documentation exists. It prevents manipulation and supports justice.
9. Summons Is the First Step in Legal Process
Serving a valid summons is often the starting point of a court case. If the summons is not served properly, the whole case can be delayed or even dismissed. That’s why this section ensures that the summons follows all proper procedures. It protects the legal rights of both the court and the person being summoned. A proper summons is a foundation for a fair and transparent legal process.
10. Helps Avoid Future Legal Disputes
When a summons is issued correctly — with proper format, signature, and seal — it avoids legal confusion later. If there’s ever a dispute about whether the person was called to court, the court can show the properly issued summons. This helps the court prove that due process was followed. BNSS Section 2163 plays an important role in building a strong and fair justice system.
Examples of BNSS Section 2163
Example 1:
A court in Pune sends a paper summons to Mr. A for appearing as a witness. The summons is written in duplicate, signed by the judge, and sealed by the court. This is valid under BNSS 63.
Example 2:
A court in Delhi sends an encrypted PDF summons with a digital seal and signature to Ms. B via secure court email. Since it follows the rules under BNSS 63, it is a valid electronic summons.
Section 63 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| Type of Summons | Must be written (in duplicate) or electronic (encrypted). |
| Who Signs the Summons | Must be signed by the judge or a High Court-authorized officer. |
| Court Seal | Mandatory – either in physical or digital form. |
| Electronic Summons Valid | Yes, but it must include a digital seal or signature. |
| High Court Power | High Court can make rules about who is authorized to issue or sign summons. |
BNSS Section 63 FAQs
BNSS 63
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