Section 63 – Summons How Issued – BNSS 2023

Lays down the manner in which courts issue summons to ensure proper notice.

Introduction

Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the mode and manner of issuing summons by a court. A summons is a legal document issued by a court requiring a person to appear before it.

This provision ensures that the process of summoning is formal, lawful, and procedurally valid, forming the foundation of fair trial and due process.

Objective of the Provision

The objectives of Section 63 BNSS are

• To ensure proper communication of court orders
• To provide a uniform procedure for issuing summons
• To secure the presence of persons before court
• To uphold principles of natural justice

This provision ensures that no person is proceeded against without due notice.

Meaning / Concept

Summons

A summons is a legal notice issued by a court directing a person to appear before it at a specified time and place.

Issuance of Summons

Issuance refers to the formal act by which the court prepares and authenticates the summons for service.

The concept ensures that judicial proceedings are conducted with proper notice and fairness.

Detailed Explanation of the Section

Section 63 BNSS provides that

• Every summons shall be issued by a court
• It must be in writing
• It shall be signed by the presiding officer or authorized officer of the court
• It shall bear the seal of the court

Key features include

• Ensures authenticity and legality of summons
• Prevents misuse or informal communication
• Establishes official nature of court process

The provision ensures that summons is a valid legal instrument.

Procedure or Legal Framework

The procedure under Section 63 BNSS involves

• Preparation of summons by court
• Inclusion of details such as name, place, and time of appearance
• Signature of presiding officer or authorized official
• Affixing of court seal
• Dispatch for service

This ensures that summons is properly issued before being served.

Judicial Interpretation

Courts have emphasized strict compliance with procedural requirements

In State of Punjab v. Shamlal Murari (1976) 1 SCC 719, the Supreme Court held that procedural requirements in criminal law must be strictly followed to ensure fairness

In Kiran Singh v. Chaman Paswan AIR 1954 SC 340, the Court held that defects affecting jurisdiction or procedure may render proceedings invalid

In Maneka Gandhi v. Union of India (1978) 1 SCC 248, the Court emphasized that any procedure must be fair, just, and reasonable

These principles ensure that issuance of summons must comply with legal standards and due process

Importance of the Provision

Section 63 BNSS is important because

• It ensures valid initiation of legal proceedings
• It protects the right to fair notice
• It prevents procedural irregularities
• It strengthens judicial discipline and accountability

It is the starting point of court communication with parties.

Connection with Other Sections

This provision is connected with

• Section 64 BNSS – Summons to be in writing
• Section 65 BNSS – Summons by whom served
• Section 71 BNSS – Proof of service
• Section 72 BNSS – Warrant in lieu of summons

Corresponding Provision under Old Law

Section 63 BNSS corresponds to Section 61 of the Code of Criminal Procedure, 1973 (CrPC).

Illustrative Example

A Magistrate issues a summons to a witness in a criminal case. The summons is prepared in writing, signed by the Magistrate, and sealed with the court seal before being sent for service

If the summons lacks signature or seal, it may be considered invalid

Conclusion

Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ensures that summons issued by courts are valid, authentic, and procedurally sound. It forms the foundation of fair trial by guaranteeing proper notice to parties. Judicial principles further reinforce that procedural compliance is essential for justice