BNSSSection 64Verified

Service of Summons Through Electronic Communication

Service of summons through electronic communication — email, messaging apps, official portals

Legal Commentary

Section 64: Notwithstanding anything contained in the preceding sections, a summons may be served by transmitting it by electronic communication to the person on whom it is to be served at the address given by him for the purposes of electronic communication, in such form and manner as may be prescribed.

Explanation

BNSS Section 64 is a landmark digital reform — enabling courts to serve summons through electronic communication platforms. Under CrPC, summons had to be physically served by a police officer or court officer — an expensive, slow, and often practically impossible process when an accused or witness was evading service or lived in a remote location. BNSS Section 64 opens the door to: service via email (to the email address the person has provided); service via SMS; service via WhatsApp or other messaging applications (to the number registered in court records); service through official government portals (like the Supreme Court's SAFER system); and service through any other prescribed electronic means. The key condition is that the address must be 'given by' the person — meaning they have previously provided this as their contact address in court records, the FIR, or any official document. Acknowledgment of electronic service is deemed as service — unread messages do not necessarily defeat service if delivery is confirmed. This provision is part of a broader BNSS digital framework that includes electronic warrants, electronic filing of documents, video-conferencing for depositions, and electronic record-keeping.

Related Topics

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Historical Context

Original Act
Bharatiya Nagarik Suraksha Sanhita
Category
BNSS
← All Bharatiya Nagarik Suraksha Sanhita Sections