Bharatiya Nagarik Suraksha Sanhita

Section 63

Form of summons

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⚡ Quick Answer Reference: Section 63 BNSS

Provision: Section 63 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: PROCESSES TO COMPEL APPEARANCE
Jurisdiction: India
Summary: This section requires that every summons issued by a Court under this act must be in writing, signed, and sealed, or in an encrypted electronic form with a digital signature.

Statutory Content

What does Section 63 of BNSS say?

Every summons issued by a Court under this Sanhita shall be,— (i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court; or (ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature.

Indian StandardSection 63, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 63 (India)

Court Pleading StandardSection 63 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 63 of BNSS mean?

Plain English Explanation

This section requires that every summons issued by a Court under this act must be in writing, signed, and sealed, or in an encrypted electronic form with a digital signature.

Practical Interpretation

In practice, this means courts must issue summons either in a traditional written form with a seal or through secure electronic means, ensuring authenticity and integrity of the summons process.

Core Legal Purpose

The core purpose is to ensure that summons are issued in a manner that is secure, authentic, and verifiable, whether in physical or electronic form, to protect the integrity of legal proceedings.

Key Legal Elements

•The summons must be in writing and in duplicate, signed by the presiding officer or another authorized officer.
•The summons can also be in an encrypted or other electronic form, bearing the image of the court's seal or a digital signature.
•The key legal test is the authenticity and security of the summons, ensuring it is genuinely from the court.
•There is no explicit exception mentioned in this section, but the use of 'or' suggests flexibility in the form of summons.

Practical Example

Practical Example of Section 63 BNSS

Rajesh, a defendant in a case, receives a summons from the court. To comply with Section 63, the court issues the summons in writing, signed by the presiding judge, and sealed with the court's official seal. Alternatively, the court could have sent it via an encrypted email with a digital signature, ensuring the summons' authenticity and security. Either method ensures Rajesh receives a legitimate and legally binding summons.

Common Questions (FAQ)

Frequently Asked Questions about Section 63 BNSS

Q: What is the punishment or consequence under Section 63 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to courts issuing summons under this act, which may involve private individuals as parties to a case or public entities as defendants or plaintiffs.

Q: Is an offence under this section bailable or cognizable?

This section does not define an offence; it outlines the procedure for issuing summons, making this question inapplicable.

Common Questions about Section 63 BNSS

What is Section 63 of BNSS?

Section 63 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Form of summons". In plain terms: This section requires that every summons issued by a Court under this act must be in writing, signed, and sealed, or in an encrypted electronic form with a digital signature.

What is the punishment under Section 63 of BNSS?

Section 63 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 63 of BNSS bailable or non-bailable?

Whether Section 63 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 63 of BNSS?

The essential elements of Section 63 of BNSS are: The summons must be in writing and in duplicate, signed by the presiding officer or another authorized officer.; The summons can also be in an encrypted or other electronic form, bearing the image of the court's seal or a digital signature.; The key legal test is the authenticity and security of the summons, ensuring it is genuinely from the court..

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