BHARTIYA NAGARIK SURAKSHA SANHITA, 2023
Chapter VI
Sections 63 to 93
SAMPLE QUESTIONS
Contents Sections
Summons 63-71
Warrant of Arrest 72-83
Proclamation & Attachment 84-89
Other Process Rules 90-93
SUMMONS
Sections 63-71
1. What is a summons?
A summons is a written order issued by a court requiring a person to
appear at a specified place and time.
Section 63
(i) It must be signed and sealed by the presiding officer of such
Court or by such other officer as the High Court may, from
time to time, by rule direct, and shall bear the seal of the
Court,
(ii) Or in an encrypted or any other form of electronic
communication and shall bear the image of the seal of the
Court or digital signature.
2. How is a summons served personally?
Section 64
(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.
Section 66
Where the person summoned cannot, by the exercise of due
diligence, be found, the summons may be served by leaving one
of the duplicates for him with some adult member of his family
residing with him, and the person with whom the summons is so
left shall, if so required by the serving officer, sign a receipt
therefor on the back of the other duplicate. Explanation.—A
servant is not a member of the family within the meaning of this
section.
3. How are summons served on corporations?
Section 65
(1) Service of a summons on a company or corporation may be
effected by serving it on the Director, Manager, Secretary or other
officer of the company or corporation, or by letter sent by registered
post addressed to the Director, Manager, Secretary or other officer
of the company or corporation in India, in which case the service
shall be deemed to have been effected when the letter would arrive
in ordinary course of post.
Explanation.—In this section, “company” means a body corporate
and “corporation” means an incorporated company or other body
corporate registered under the Companies Act, 2013 (18 of 2013) or
a society registered under the Societies Registration Act, 1860 (21
of 1860).
(2) Service of a summons on a firm or other association of
individuals may be effected by serving it on any partner of such firm
or association, or by letter sent by registered post addressed to such
partner, in which case the service shall be deemed to have been
effected when the letter would arrive in ordinary course of post.
4. How are summons served on government servants?
Section 68
(1) Where the person summoned is in the active service of the
Government, the Court issuing the summons shall ordinarily send it
in duplicate to the head of the office in which such person is
employed; and such head shall thereupon cause the summons to be
served in the manner provided by section 64, and shall return it to
the Court under his signature with the endorsement required by that
section.
(2) Such signature shall be evidence of due service.
5. What if the person resides outside jurisdiction?
Section 69
When a Court desires that a summons issued by it shall be served at
any place outside its local jurisdiction, it shall ordinarily send such
summons in duplicate to a Magistrate within whose local jurisdiction
the person summoned resides, or is, to be there served.
6. What is proof of service of summons?
Section 70
(1) When a summons issued by a Court is served outside its local
jurisdiction, and in any case where the officer who has served a
summons is not present at the hearing of the case, an affidavit,
purporting to be made before a Magistrate, that such summons has
been served, and a duplicate of the summons purporting to be
endorsed (in the manner provided by section 64 or section 66) by
the person to whom it was delivered or tendered or with whom it
was left, shall be admissible in evidence, and the statements made
therein shall be deemed to be correct unless and until the contrary
is proved.
(2) The affidavit mentioned in this section may be attached to the
duplicate of the summons and returned to the Court.
(3) All summons served through electronic communication under
sections 64 to 71 (both inclusive) shall be considered as duly served
and a copy of such summons shall be attested and kept as a proof
of service of summons.
7. How are summons issued to witnesses?
Section 71
(1) Notwithstanding anything contained in the preceding sections of
this Chapter, a Court issuing a summons to a witness may, in
addition to and simultaneously with the issue of such summons,
direct a copy of the summons to be served by electronic
communication or by registered post addressed to the witness at
the place where he ordinarily resides or carries on business or
personally works for gain.
(2) When an acknowledgement purporting to be signed by the
witness or an endorsement purporting to be made by a postal
employee that the witness refused to take delivery of the summons
has been received or on the proof of delivery of summons under
sub-section (3) of section 70 by electronic communication to the
satisfaction of the Court, the Court issuing summons may deem that
the summons has been duly served.
8. Explain in detail the procedure for service of summons
under BNSS 2023.
Sections 63-71 all points.
9. Form of summons.
A summons is a written order issued by a court requiring a person to
appear at a specified place and time. It is the least coercive
process to secure attendance, unlike warrants.
Section 63
Form of Summons (BNSS 2023)
1. Written Document – Summons must be in writing; oral
communication is invalid.
2. Signature & Seal –
o It must be signed by the presiding officer of the court
(Judge/Magistrate).
o It must also bear the seal of the court to authenticate it.
3. Clarity of Content –
o Must clearly mention name, designation, and address of
the person summoned.
o Must specify date, time, and place of appearance.
o Should indicate the purpose of appearance (e.g., as
accused, as witness, or to produce a document).
4. Simple & Understandable Language – Should be drafted in clear
terms so that the person summoned cannot plead ignorance.
5. Service Provisions – The form of summons is closely linked to the
mode of service (personal delivery, adult family member,
corporate service, government servant through authority, etc.).
WARRANT OF ARREST
Sections 72-83
1. What is a warrant of arrest?
It is a court order authorizing the police to arrest a person and
bring them before the court. It remains in force until executed or
cancelled.
Section 72
(1) Every warrant of arrest issued by a Court under this Sanhita
shall be in writing, signed by the presiding officer of such Court
and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by
the Court which issued it, or until it is executed.
2. When can a warrant replace a summons?