Section 65 – Summons by Whom Served – BNSS 2023

Specifies authorized persons responsible for lawful service of court summons.

Introduction

Section 65 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides that summons issued by a criminal court shall ordinarily be served by a police officer or an officer of the court. This provision ensures that service of summons is carried out by authorized personnel in a lawful and reliable manner.

The section strengthens procedural integrity by ensuring that judicial communication reaches the concerned person through recognized official channels, consistent with the requirements of fair procedure under Article 21 of the Constitution of India.

Objective of the Provision

The objectives of Section 65 BNSS are

• To ensure proper and lawful service of summons
• To designate authorized officers responsible for service
• To prevent unauthorized or defective service
• To maintain authenticity and accountability in court processes

This provision supports the orderly functioning of criminal proceedings.

Meaning / Concept

Service of Summons

Service of summons refers to the formal delivery of a court-issued notice to a person requiring their appearance before the court.

Authorized Persons for Service

Under this provision, summons are generally served by

• Police officers
• Officers of the court
• Other authorized public servants where permitted

This ensures reliability and verifiability in the service process.

Detailed Explanation of the Section

Section 65 BNSS provides that

• Every summons shall ordinarily be served by a police officer
• The court may also direct service by an officer of the court
• In appropriate circumstances, service may be entrusted to other authorized persons

Key features include

• Ensures official responsibility for service
• Reduces risk of improper delivery
• Maintains procedural certainty in criminal trials

The provision ensures that service of summons is recognized and legally valid.

Procedure or Legal Framework

The procedure under Section 65 BNSS involves

• Issuance of summons by the court
• Transmission of summons to a police officer or court officer
• Delivery of summons to the concerned person
• Documentation of service for court record
• Submission of service report before the court

This process ensures that service is properly executed and recorded.

Judicial Interpretation

Courts have emphasized the importance of proper service of summons in ensuring fairness in proceedings

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

In Kiran Singh v. Chaman Paswan AIR 1954 SC 340, the Court observed that defects affecting procedural compliance may invalidate proceedings

In Neerja Realtors Pvt. Ltd. v. Janglu (2018) 2 SCC 649, the Supreme Court emphasized that proper service of summons is essential before proceeding against a party

These decisions reinforce the necessity of valid service through authorized officers.

Importance of the Provision

Section 65 BNSS is important because

• It ensures authentic delivery of court notices
• It prevents disputes regarding improper service
• It promotes procedural fairness
• It strengthens credibility of judicial communication

It plays a vital role in ensuring effective participation of parties in criminal proceedings.

Connection with Other Sections

This provision is connected with

• Section 63 BNSS – Summons how issued
• Section 64 BNSS – Summons to be in writing
• Section 67 BNSS – Service where person cannot be found
• Section 71 BNSS – Proof of service

Corresponding Provision under Old Law

Section 65 BNSS corresponds to Section 62 of the Code of Criminal Procedure, 1973 (CrPC).

Illustrative Example

A Magistrate issues a summons requiring a witness to appear in court. The summons is forwarded to a police officer, who personally delivers it to the witness and records the service. This constitutes valid service under Section 65 BNSS

If the summons were delivered by an unauthorized private individual without court approval, the service may be considered defective

Conclusion

Section 65 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ensures that summons are served by authorized officers, thereby maintaining procedural integrity and fairness in criminal proceedings. Proper service guarantees that individuals receive lawful notice and can participate effectively in judicial processes