Provides the procedure for lawful service of summons on individuals in criminal proceedings.
Ensures proper delivery of summons to secure attendance before court through recognized modes of service.
Introduction
Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the procedure for service of summons upon a person in criminal proceedings. It prescribes the method through which summons issued by a court must be delivered so that the person concerned receives proper notice of the requirement to appear before the court.
The provision ensures procedural fairness and supports the principles of natural justice by guaranteeing that no person is required to appear before a criminal court without valid service of summons.
Objective of the Provision
The objectives of Section 64 BNSS are
- to ensure effective communication of summons issued by courts
- to establish a standardized method of service
- to prevent disputes regarding validity of service
- to secure attendance of persons required in criminal proceedings
The provision ensures that service of summons remains reliable and legally verifiable.
Meaning / Concept
Service of Summons
Service of summons refers to the formal delivery of a court-issued notice requiring a person to appear before the court at a specified time and place.
Valid service is essential because proceedings based on defective service may be challenged.
Personal Service as Primary Mode
Section 64 establishes personal delivery as the primary method of service of summons, ensuring direct communication with the person concerned.
Detailed Explanation of the Section
Section 64 BNSS provides that
- summons shall ordinarily be served personally on the person summoned
- service shall be effected by a police officer, or
- by an officer of the court, or
- by any other public servant authorized by the court
The serving officer shall
- deliver or tender one of the duplicates of the summons to the person summoned
- obtain the signature of the person on the duplicate copy acknowledging receipt
Key features include
- personal service as the preferred method
- service by authorized public officials only
- requirement of acknowledgement of receipt
- maintenance of proof of service through signature
These safeguards ensure reliability and authenticity of service.
Procedure or Legal Framework
The procedural framework under Section 64 BNSS generally includes
- preparation of summons in prescribed form under Section 63 BNSS
- assignment of service to authorized officer
- personal delivery of summons to the person concerned
- obtaining acknowledgement signature on duplicate copy
- return of served duplicate to the issuing court as proof of service
Proper compliance ensures validity of subsequent proceedings.
Judicial Interpretation
Courts have consistently emphasized that proper service of summons is essential to ensure fairness in criminal proceedings.
In 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.
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.
In State of Punjab v. Shamlal Murari (1976) 1 SCC 719, the Supreme Court stressed the importance of procedural compliance in service of legal notices.
These decisions reinforce the importance of proper service under Section 64 BNSS.
Importance of the Provision
Section 64 BNSS is important because
- it ensures lawful communication of court directions
- it prevents ex parte proceedings based on defective service
- it safeguards the right to be heard
- it strengthens procedural integrity of criminal trials
The provision plays a foundational role in ensuring fair participation in criminal proceedings.
Connection with Other Sections
Section 64 BNSS operates alongside related provisions governing issuance and service of summons
- Section 63 BNSS – Form of summons
- Section 65 BNSS – Summons by whom served
- Section 67 BNSS – Service of summons where person summoned cannot be found
- Section 71 BNSS – Proof of service
Corresponding Provision under Old Law
Section 64 BNSS corresponds to Section 62 of the Code of Criminal Procedure, 1973.
Illustrative Example
A Magistrate issues summons requiring a witness to appear before court. A police officer personally delivers the summons to the witness and obtains the witness’s signature on the duplicate copy acknowledging receipt. This constitutes valid service under Section 64 BNSS.
Conclusion
Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the procedure for personal service of summons through authorized officials and requires acknowledgement of receipt as proof of service. By ensuring reliable communication of court directions, the provision strengthens procedural fairness in criminal proceedings.
