Section 64 of BNSS – Summons How Served: A Complete Guide for Every Indian Citizen
Imagine you are sitting at home one evening, and suddenly a police officer knocks on your door. He hands you a piece of paper and says, "You have been summoned by the court." Your heart starts racing. What does this mean? Why am I being called? Do I have to go? What if I ignore it? These questions are completely natural, and the answers lie in one of the most important procedural provisions of India's new criminal law — Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
This section is not just a dry legal rule about delivering papers. It is the foundation of how our courts communicate with citizens. It ensures that when the court wants you to appear, the message reaches you properly, legally, and with proof. Without Section 64, the entire system of summoning witnesses, accused persons, and other parties would collapse into chaos. It is the bridge between the court and the citizen, and understanding it empowers you to respond correctly and protect your rights.
On July 1, 2024, India entered a new era of criminal justice. The colonial-era Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. Along with this change came modernized procedures for serving summons, including the revolutionary addition of electronic service. Section 64 sits at the heart of this transformation, combining the traditional method of personal service with the digital convenience of the 21st century.
In this comprehensive guide, we will walk through every single aspect of Section 64 BNSS. We will read the law in plain language, understand what it means in real life, explore how it connects to other sections of BNSS, look at what the courts have said about it, and learn what you should do if you ever receive a summons. Whether you are a law student, a practicing advocate, or simply a concerned citizen, this article has been written for you. So let's dive deep into the world of Section 64 BNSS and understand why it matters to every single person in India.
📚 Related Reading: Before we proceed, if you want to understand what happens when someone is actually arrested, read our detailed guide on Section 35 of BNSS – Arrest Rules and Notice Before Arrest. It explains when police can arrest without a warrant and what protections exist before an arrest even happens.
What Is Section 64 of BNSS? Reading the Law in Simple Words
Before we explore the deeper meaning and implications, let's look at the exact text of Section 64 as it appears in the Bharatiya Nagarik Suraksha Sanhita, 2023. Understanding the actual words of the law is the first step to understanding your rights.
Section 64 reads as follows:
(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.
That's it. Three subsections. But these three subsections carry the weight of procedural fairness, judicial transparency, and the right to be heard before any court in India. Let's break this down piece by piece so that anyone can understand what it really means.
Subsection (1): Who Can Serve a Summons?
The first subsection tells us who is authorized to serve a summons. This is crucial because a summons served by an unauthorized person has no legal validity. According to Section 64(1), a summons can be served by:
- A police officer — This is the most common method. Police officers are trained and authorized to serve court summons as part of their duties.
- An officer of the court issuing the summons — Court staff such as bailiffs, process servers, or other designated court officers can personally deliver summons.
- Any other public servant — Subject to rules made by the State Government, other government servants may also be authorized to serve summons.
The proviso to this subsection adds a modern touch. It mandates that police stations and court registrars must maintain a register containing:
- The address of the person to be summoned
- Their email address
- Their phone number
- Any other details as prescribed by state rules
This register ensures that courts and police have updated contact information, making service of summons more efficient and reducing the chances of summons going undelivered.
Subsection (2): The Primary Method – Personal Service
The second subsection establishes the golden rule of summons service: personal service is the primary and preferred method. The law says the summons shall, "if practicable, be served personally" on the person summoned. This means:
- The serving officer must physically locate the person
- Deliver or tender one duplicate copy of the summons directly to them
- Ensure the person actually receives the document
The word "practicable" is important here. It recognizes that sometimes personal service may not be possible — for example, if the person has moved away, is hiding, or cannot be found after reasonable efforts. In such cases, the law provides alternative methods under subsequent sections.
But here is where Section 64 becomes truly modern and revolutionary. The proviso to subsection (2) states that summons bearing the image of the Court's seal may also be served by electronic communication. This means:
- WhatsApp or other messaging apps
- SMS
- Any other electronic mode permitted by state rules
This is a game-changer for India's criminal justice system. For the first time, the law formally recognizes digital service of summons as legally valid. No longer do courts have to rely solely on physical delivery. In an era where almost every Indian has a mobile phone, electronic service ensures faster, cheaper, and more reliable communication between courts and citizens.
💡 Key Takeaway: Section 64(2) makes personal service the default rule, but electronic service is now equally valid when done properly. This dual approach balances tradition with technology.
Subsection (3): Proof of Service – The Signature Requirement
The third subsection deals with proof of service. When a summons is served personally, the person receiving it must sign a receipt on the back of the other duplicate copy. This signature serves as legal proof that:
- The summons was actually delivered
- The person received it personally
- The service was done on a specific date and time
This requirement protects both the court and the summoned person. For the court, it prevents false claims of non-service. For the person, it prevents the court from proceeding in their absence based on fake claims of service.
However, what if the person refuses to sign? The law does not explicitly say, but courts have held that if a person refuses to sign, the serving officer can make a note of the refusal on the summons document. This note, along with the officer's testimony, can still constitute valid proof of service.
How Section 64 BNSS Replaced Section 62 of the Old CrPC
To truly appreciate Section 64, we need to understand what came before it. Before the BNSS came into force on July 1, 2024, the corresponding provision was Section 62 of the Code of Criminal Procedure, 1973.
Section 62 of the CrPC read as follows:
📜 Section 62 of the CrPC, 1973:
(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.
(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.
(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
If you compare this with Section 64 BNSS, you will notice that the core language is almost identical. So what changed?
The key difference lies in the electronic service provision. The CrPC was enacted in 1973, long before mobile phones, email, or the internet existed. While some courts later started accepting electronic service on a case-by-case basis, there was no statutory backing for it. Section 64 BNSS fills this gap by explicitly recognizing electronic communication as a valid mode of service.
Additionally, Section 64 adds the requirement for police stations and court registrars to maintain a register with email addresses and phone numbers. This modernizes the system and ensures courts have multiple ways to reach citizens.
The Constitutional Foundation: Why Section 64 Exists
Section 64 of BNSS is not just a procedural rule created by Parliament. It is deeply rooted in the Constitution of India, specifically in the principles of natural justice and the right to a fair trial under Article 21.
The Constitution guarantees every person the right to life and personal liberty, which the Supreme Court has interpreted to include the right to a fair trial. A fair trial cannot happen if the person does not even know that they are required to appear in court. Section 64 ensures that the court's communication reaches the person, giving them the opportunity to:
- Know what allegations they face
- Prepare their defence
- Engage a lawyer
- Present their side of the story
Without proper service of summons, the entire trial becomes a sham. The person is condemned unheard, which violates the fundamental principle of audi alteram partem — hear the other side.
The Supreme Court has consistently held that proper service of summons is a prerequisite for valid judicial proceedings. In the case of Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. (2001) 7 SCC 401, the Court held that valid service of summons is necessary before proceeding against an accused. In Sunil Poddar v. Union Bank of India (2008) 2 SCC 326, the Court reiterated that defective service may vitiate proceedings if it causes prejudice to the affected party.
Key Features of Section 64 BNSS Explained in Detail
Now that we understand the constitutional foundation, let's dive deep into each feature of Section 64 and explore what it means in practice.
Feature 1: Service by Authorized Persons Only
Section 64(1) makes it clear that only certain categories of persons can serve a summons. This is not a random choice. It ensures that:
- The person serving the summons is accountable to the government
- There is a chain of responsibility if something goes wrong
- The service can be verified and authenticated
- The summoned person can trust the validity of the document
If a private person — say, a friend of the complainant — serves a summons, that service is legally invalid. The law wants to prevent fake summons, harassment through bogus notices, and unauthorized persons pretending to act on behalf of the court.
Feature 2: Personal Service as the Default Rule
The phrase "if practicable" in Section 64(2) establishes a hierarchy of service methods:
- First preference: Personal service — physically handing over the summons
- Second preference: Electronic service — when personal service is not practicable or when permitted by rules
- Last resort: Alternative methods under Sections 65 to 71 — such as service on family members, affixation on premises, or publication
This hierarchy ensures that the most direct and reliable method is tried first before moving to less certain alternatives.
Feature 3: Electronic Service – The Digital Revolution
The most significant addition in Section 64 BNSS is the explicit recognition of electronic service. The proviso to subsection (2) states that summons bearing the image of the Court's seal may be served by electronic communication.
This provision aligns with Section 530 BNSS, which allows all trials, inquiries, and proceedings to be held in electronic mode. It also connects with Section 70(3) BNSS, which states that all summons served through electronic communication under Sections 64 to 71 shall be considered as duly served.
In a landmark judgment in February 2026, the Bombay High Court in State of Maharashtra v. Satish held that electronic service of summons is legally valid under BNSS. The Court set aside an order of a Special POCSO Court that had imposed costs on a police constable for serving summons through mobile phone. The High Court ruled that the trial court had ignored Sections 70 and 530 of BNSS and that the legislative intent is to formally incorporate electronic modes into criminal procedure.
⚖️ Bombay High Court's Key Observation:
"The purpose of service of summons is to bring the proceedings to the notice of the person concerned and to provide a copy of the relevant papers, and the mode through which such notice is conveyed is secondary once the statute recognises electronic communication."
Feature 4: Proof of Service Through Signature
Section 64(3) requires the summoned person to sign a receipt on the duplicate copy. This creates a paper trail that is essential for:
- Proving that service was actually effected
- Determining the date from which time limits start running
- Preventing false claims of non-service
- Enabling the court to proceed with confidence
The signed duplicate is returned to the court and becomes part of the official record. If the case ever goes to appeal, this document can prove whether the person was properly summoned or not.
How Section 64 Connects to Other Sections of BNSS
Section 64 does not operate in isolation. It is part of a comprehensive framework governing summons and processes under Chapter VI of BNSS. Understanding these connections is essential for a complete picture.
Section 63 BNSS: Form of Summons
Before a summons can be served under Section 64, it must be properly issued under Section 63. This section mandates that every summons must be:
- In writing, in duplicate
- Signed by the presiding officer of the court
- Bearing the seal of the court
- Or in encrypted electronic form bearing the image of the court's seal
Without a validly issued summons under Section 63, service under Section 64 has no meaning.
Section 65 BNSS: Service on Corporate Bodies and Firms
Section 65 deals with service of summons on companies, corporations, firms, and societies. It allows service on directors, managers, secretaries, or other officers of the company. This is a specialized provision for artificial legal persons who cannot be served like natural persons.
Section 66 BNSS: Service When Person Cannot Be Found
What happens when the person summoned cannot be found after due diligence? Section 66 provides that the summons may be served by leaving one duplicate with an adult member of the family residing with the person. This ensures that even if the person is not directly reachable, someone in their household receives the notice.
Section 67 BNSS: Service by Affixation
If service cannot be effected through personal service or family member, Section 67 allows the serving officer to affix one duplicate of the summons to a conspicuous part of the house or homestead where the person ordinarily resides. The court may then declare that the summons has been duly served or order fresh service.
📚 Related Reading: Want to know what happens after someone is arrested and how quickly they must be produced before a court? Read our detailed guide on Section 57 of BNSS – Rights After Arrest and Production Before Magistrate. It explains the critical 24-hour rule and your constitutional protections.
Section 68 BNSS: Service on Government Servants
When the person summoned is in active government service, Section 68 requires the court to send the summons to the head of the office where the person is employed. The head of the office then arranges for service and returns the summons with proof.
Section 70 BNSS: Proof of Service
Section 70(3) is the backbone of electronic service. It states that all summons served through electronic communication under Sections 64 to 71 shall be considered as duly served. A copy of such electronic summons must be attested and kept as proof of service. This provision removes all doubt about the validity of electronic service.
Section 71 BNSS: Service by Registered Post
Section 71 allows courts to direct that a copy of the summons be served by registered post or electronic communication simultaneously with the issue of the summons. If an acknowledgement signed by the witness or proof of delivery is received, the court may deem that the summons has been duly served.
Section 530 BNSS: Electronic Proceedings
Section 530 is the overarching provision that enables all criminal proceedings to be conducted electronically. It explicitly includes issuance, service, and execution of summons and warrants as part of electronic proceedings. This gives statutory authority to the electronic service provision in Section 64.
Landmark Court Judgments on Service of Summons
The Indian judiciary has played a crucial role in interpreting and enforcing the principles underlying Section 64. Let's explore the most important judgments.
⚖️ Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. (2001) 7 SCC 401
The Supreme Court held that valid service of summons is necessary before proceeding against an accused. The Court emphasized that proceedings based on defective service may be challenged and set aside if they cause prejudice to the affected party.
⚖️ Sunil Poddar v. Union Bank of India (2008) 2 SCC 326
The Supreme Court reiterated that defective service may vitiate proceedings if it causes prejudice. The Court stressed the importance of procedural compliance in service of legal notices and summons.
⚖️ State of Punjab v. Shamlal Murari (1976) 1 SCC 719
The Supreme Court stressed the importance of procedural compliance in service of legal notices. The Court held that courts must ensure that summons are served in accordance with law before proceeding against any person.
⚖️ State of Maharashtra v. Satish (2026 SCC OnLine Bom 1419)
In this landmark judgment, the Bombay High Court held that electronic service of summons is legally valid under BNSS. The Court set aside an order of a Special POCSO Court that had imposed costs on a constable for serving summons through mobile phone. The Court ruled that Sections 70 and 530 BNSS expressly recognize electronic service and that trial courts must align their procedure with the digital framework introduced by the new law.
Practical Scenarios: How Section 64 Works in Real Life
Let's look at some practical scenarios to understand how Section 64 operates in the real world.
🎬 Scenario 1: Personal Service in a City
A Magistrate in Delhi issues a summons requiring Ramesh, a witness in a theft case, to appear in court on a specified date. A police officer visits Ramesh's registered address, hands him one duplicate of the summons, and explains that he must appear in court. Ramesh signs the receipt on the back of the other duplicate. The police officer returns the signed duplicate to the court. This is a classic example of valid personal service under Section 64 BNSS.
🎬 Scenario 2: Electronic Service via WhatsApp
A court in Mumbai issues a summons to Priya, a witness who lives in another state. The police officer tries to serve her personally but finds that she has moved. However, the court register has her updated phone number and email address. The court sends the summons via WhatsApp with the image of the court seal attached. Priya receives and views the message. Under Section 64(2) proviso and Section 70(3), this constitutes valid service. The court keeps a screenshot and delivery report as proof.
🎬 Scenario 3: Service on Family Member
A summons is issued for Suresh to appear as a witness. The police officer visits his house three times at reasonable hours but finds the house locked. Neighbors confirm that Suresh lives there but is currently out of town. The officer leaves one duplicate of the summons with Suresh's adult brother who lives in the same house. The brother signs the receipt. This is valid service under Section 66 BNSS, which supplements Section 64.
🎬 Scenario 4: Refusal to Accept Summons
A police officer serves a summons on Amit, an accused person. Amit becomes angry, tears up the summons, and refuses to sign the receipt. The officer notes Amit's refusal on the back of the other duplicate, writes the date and time, and gets the signature of a neighbor as a witness. The officer returns this document to the court. Courts have held that such a record, along with the officer's testimony, constitutes valid proof of service under Section 64(3).
🎬 Scenario 5: Service on a Government Employee
A summons is issued for Dr. Sharma, a government doctor, to appear as a witness. Since he is in active government service, the court sends the summons in duplicate to the head of his hospital. The hospital superintendent arranges for personal service on Dr. Sharma, obtains his signature, and returns the duplicate to the court. This is valid service under Section 68 BNSS.
Common Misconceptions About Section 64 of BNSS
There are several misconceptions about Section 64 that need to be cleared up.
❌ Misconception 1: "If I Don't Accept the Summons, the Court Cannot Proceed"
✅ Reality: Refusing to accept a summons does not stop the court. If you refuse to sign, the serving officer will note your refusal and may serve it through alternative methods under Sections 65 to 71. The court can then proceed in your absence if it is satisfied that service was duly effected.
❌ Misconception 2: "Electronic Summons Are Not Legally Valid"
✅ Reality: This was true under the old CrPC, but NOT under BNSS. Section 64(2) proviso explicitly recognizes electronic service. Section 70(3) confirms that electronic summons are deemed duly served. The Bombay High Court has also upheld this in 2026.
❌ Misconception 3: "Anyone Can Serve a Court Summons"
✅ Reality: Only authorized persons — police officers, court officers, or designated public servants — can serve a summons. Service by a private person is invalid and can be challenged in court.
❌ Misconception 4: "If the Summons Does Not Have the Court Seal, It Is Fake"
✅ Reality: Under Section 63 BNSS, a valid summons must bear the seal of the court or the image of the seal (in electronic form). If you receive a summons without a seal, you should verify it with the court before responding. However, electronic summons with the image of the seal are fully valid.
❌ Misconception 5: "I Can Ignore a Summons If It Was Served on My Family Member"
✅ Reality: Service on an adult family member under Section 66 is legally valid if you could not be found after due diligence. Ignoring such a summons can lead to the court proceeding ex parte (in your absence) and passing orders against you.
What to Do If You Receive a Summons
If you receive a summons under Section 64 BNSS, here are the steps you should take:
Step 1: Read the Summons Carefully
Check the following details:
- The name of the court that issued it
- The date and time you are required to appear
- The case number and the parties involved
- Whether you are being summoned as an accused, witness, or for some other purpose
- Whether you are required to produce any documents
Step 2: Verify the Authenticity
Ensure that the summons:
- Bears the seal of the court or the image of the seal
- Is signed by the presiding officer
- Has been served by a police officer or authorized person
- Includes proper contact details of the court
If you have any doubt, call the court directly using the phone number from the official court website (not from the summons alone) and verify.
Step 3: Consult a Lawyer
Even if you are summoned only as a witness, consulting a lawyer is wise. A lawyer can:
- Explain what the summons means for you
- Advise you on what to say and what not to say
- Help you prepare any documents you need to bring
- Represent you if you are an accused person
Step 4: Appear on the Specified Date
Ignoring a summons is never a good idea. If you fail to appear without a valid reason, the court may:
- Issue a warrant for your arrest (if you are an accused)
- Impose fines
- Proceed with the case in your absence
- Issue a bailable or non-bailable warrant against you
Step 5: Keep Proof of Your Appearance
When you appear in court, keep a record of:
- The date and time of your appearance
- The orders passed by the court
- The next date of hearing, if any
- Any documents you submitted
📚 Related Reading: If you want to understand the maximum time police can keep someone in custody without judicial approval, check out our guide on Section 58 of BNSS – 24-Hour Shield That Protects Every Indian from Illegal Police Detention. It explains the constitutional 24-hour limit and what happens if police violate it.
The Broader Significance of Section 64 in India's Criminal Justice System
Section 64 of BNSS is far more than a procedural rule about delivering papers. It is a guardian of fairness, a shield against secret proceedings, and a beacon of transparency in the criminal justice system. It embodies the fundamental principle that no person should be required to appear before a court without proper notice.
This provision ensures that the immense power of the court to summon citizens is exercised responsibly. It forces courts and police to act transparently, to create official records, and to ensure that every summoned person actually receives the message. It connects the constitutional promise of a fair trial to the ground reality of courtrooms and police stations across India.
For every citizen, understanding Section 64 is not just an academic exercise. It is a matter of empowerment. When you know that a summons must be served properly, when you know that electronic service is now legally valid, when you know that you have the right to verify and challenge defective service, you are no longer a passive victim of the system. You are an informed citizen who can assert your rights and demand justice.
The Indian criminal justice system is far from perfect. Delays, backlogs, and instances of defective service still occur. But provisions like Section 64 remind us that the law, when properly understood and enforced, can be a powerful force for good. It reminds us that even in the most routine procedural matters, the light of legal protection is never far away.
As India moves forward with its new criminal laws under BNSS, BNS, and BSA, the principles underlying Section 64 will continue to be relevant, vital, and non-negotiable. They represent the eternal struggle between state power and individual rights, and in that struggle, Section 64 stands firmly on the side of the citizen.
Conclusion: Know Your Rights, Respond With Confidence
Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is one of the most important procedural protections available to every person in India. It ensures that no court summons is served arbitrarily, that no person is called to court without proper notice, and that the fundamental right to a fair trial is respected from the very first step of the judicial process.
Whether you are a student, a professional, a business owner, or a homemaker, knowing Section 64 can save you from unnecessary legal trouble and help you respond to court communications with confidence. Share this knowledge with your family and friends. Discuss it in your community. Make sure that everyone around you knows that the law is on their side.
Remember, the court's power to summon is not unlimited. It must be exercised within the bounds of law. Section 64 is not an obstacle to justice. It is a tool for better justice, because proper service ensures that every person has a fair opportunity to participate in the legal process.
🛡️ The next time you receive a summons, ask yourself:
- Was it served by an authorized person?
- Does it bear the court's seal?
- Did I receive proper proof of service?
- Is the electronic service valid under Section 64?
If anything seems wrong, you have the right to challenge it. That is the power of knowing the law. That is the power of Section 64 BNSS.
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