Section 64 – Summons to Be in Writing – BNSS 2023

Requires summons to be written to ensure authenticity and procedural legality.

Introduction

Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) mandates that every summons issued by a criminal court must be in writing. This requirement ensures that court directions are formal, verifiable, and legally enforceable.

The provision strengthens procedural fairness by ensuring that a person is not compelled to appear before a court based on informal or oral communication, thereby supporting due process under Article 21 of the Constitution of India.

Objective of the Provision

The objectives of Section 64 BNSS are

• To ensure authenticity of judicial communication
• To prevent ambiguity or misuse of court process
• To maintain formal record of summons issued
• To uphold procedural fairness in criminal proceedings

This provision ensures that summons remain a reliable legal instrument.

Meaning / Concept

Summons in Writing

A summons must exist in documented form issued by a court, containing essential details such as

• Name of the court
• Name of the person summoned
• Purpose of appearance
• Date, time, and place of appearance

Written summons ensures clarity, enforceability, and accountability.

Procedural Validity

Written form ensures that the summons can be verified, challenged if defective, and relied upon in court proceedings.

Detailed Explanation of the Section

Section 64 BNSS provides that

• Every summons issued by a criminal court must be in writing
• It must follow prescribed format and procedural requirements
• It ensures proper communication between the court and the person summoned

Key features include

• Prevents reliance on oral directions
• Ensures legal certainty in proceedings
• Maintains official record of court process

This provision complements requirements relating to signature and seal under summons issuance provisions.

Procedure or Legal Framework

The procedure under Section 64 BNSS involves

• Drafting summons in prescribed format
• Including relevant case details
• Mentioning date and place of appearance
• Authentication by authorized court authority
• Transmission for service under prescribed procedure

This ensures summons is legally valid before service is attempted.

Judicial Interpretation

Courts have emphasized strict compliance with procedural requirements relating to summons

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

In Kiran Singh v. Chaman Paswan AIR 1954 SC 340, the Court held that defects affecting procedural legality may impact validity of proceedings

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

These decisions reinforce the necessity of issuing summons in proper written form.

Importance of the Provision

Section 64 BNSS is important because

• It ensures clarity and certainty in court communication
• It prevents procedural irregularities
• It strengthens record-keeping and transparency
• It protects individuals from informal or unauthorized directions

It is a basic but essential safeguard in criminal procedure.

Connection with Other Sections

This provision is connected with

• Section 63 BNSS – Summons how issued
• 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 64 BNSS corresponds to Section 61 of the Code of Criminal Procedure, 1973 (CrPC).

Illustrative Example

A court directs a witness to appear in a criminal trial. The court prepares a written summons specifying the date and place of appearance and sends it for service. This written document constitutes a valid summons under Section 64 BNSS

If the direction were communicated orally without written summons, it would not satisfy statutory requirements

Conclusion

Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ensures that summons issued by courts are formal, documented, and legally enforceable. By mandating written summons, the provision strengthens procedural fairness and transparency in criminal proceedings. Judicial precedents further support strict adherence to procedural safeguards in matters affecting individual rights