Service of Summons Through Electronic Communication
Service of summons through electronic communication — email, messaging apps, official portals
Legal Commentary
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.