Prescribes mandatory formal requirements for issuance of summons by criminal courts.
Ensures authenticity and legality of summons through written and signed judicial authorization.
Introduction
Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the formal requirements for the preparation and issuance of summons by criminal courts. It mandates that every summons must be issued in writing, signed by the presiding officer of the court or another authorized officer, and bear the official seal of the court. The provision ensures procedural regularity and prevents misuse or invalid issuance of summons.
This section strengthens procedural fairness and due process consistent with Article 21 of the Constitution of India.
Objective of the Provision
The objectives of Section 63 BNSS are
- to standardize the form and authenticity of summons issued by courts
- to ensure that summons are legally valid and traceable to judicial authority
- to prevent informal or unauthorized communication requiring appearance before court
- to protect individuals from procedural irregularities in criminal proceedings
The provision establishes minimum formal requirements for valid summons.
Meaning / Concept
Summons in Criminal Procedure
A summons is a legal document issued by a criminal court requiring a person to
- appear before the court, or
- produce a document or thing when required
It represents the least coercive method used to secure attendance in criminal proceedings.
Formal Validity Requirement
Section 63 ensures that summons are issued only through recognized judicial procedure and not through informal instructions.
Thus, written authentication becomes essential for enforceability.
Detailed Explanation of the Section
Section 63 BNSS provides that
- every summons issued by a court shall be in writing
- the summons must be signed by the presiding officer of the court or by another officer authorized by the court
- the summons must bear the seal of the court
Key features include
- mandatory written format of summons
- requirement of judicial or authorized signature
- requirement of official court seal
- assurance of authenticity and enforceability
A summons lacking these essential requirements may be treated as procedurally defective.
Procedure or Legal Framework
The procedural framework under Section 63 BNSS generally includes
- preparation of summons in prescribed format
- signature by presiding officer or authorized officer
- affixing of official court seal
- issuance to process server or authorized officer
- service upon the person concerned in accordance with law
Proper compliance ensures legal validity of service.
Judicial Interpretation
Courts have emphasized that procedural requirements governing summons must be strictly followed to ensure fairness in criminal proceedings.
In State of Punjab v. Shamlal Murari (1976) 1 SCC 719, the Supreme Court observed that procedural safeguards governing service of process are essential components of fair trial.
In Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. (2001) 7 SCC 401, the Court emphasized the importance of proper service of summons in ensuring valid participation of parties in criminal proceedings.
In Sunil Poddar v. Union Bank of India (2008) 2 SCC 326, the Supreme Court reiterated that valid service of summons is fundamental to natural justice.
These principles guide interpretation of statutory requirements under Section 63 BNSS.
Importance of the Provision
Section 63 BNSS is important because
- it ensures authenticity of summons issued by courts
- it prevents misuse of unofficial or defective summons
- it safeguards procedural fairness in criminal trials
- it strengthens reliability of judicial process
The provision forms the foundation of lawful initiation of attendance procedures before criminal courts.
Connection with Other Sections
Section 63 BNSS operates alongside related provisions governing issuance and service of summons
- Section 64 BNSS – Summons how issued
- Section 65 BNSS – Summons by whom served
- Section 66 BNSS – Summons on corporate bodies and societies
- Section 72 BNSS – Power to issue warrant in lieu of, or in addition to, summons
Corresponding Provision under Old Law
Section 63 BNSS corresponds to Section 61 of the Code of Criminal Procedure, 1973.
Illustrative Example
A Magistrate issues a summons directing an accused person to appear before the court on a specified date. The summons is prepared in writing, signed by the Magistrate, and bears the official seal of the court. The summons is valid under Section 63 BNSS.
Conclusion
Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the mandatory formal requirements for issuance of summons by criminal courts. By requiring written form, judicial authentication, and official seal, the provision ensures procedural validity and strengthens fairness in criminal proceedings.
