(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant: Provided that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide. (2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons: Provided that summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide. (3) Every person on whom a summons is so served personally shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Bharatiya Nagarik Suraksha Sanhita
Section 64
Summons how served
⚡ Quick Answer Reference: Section 64 BNSS
- Provision: Section 64 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: This section explains how a summons is served in a court case. A summons is a legal notice that requires someone to appear in court. It must be served personally to the person summoned, or by electronic communication if the summons has the court's seal. The person serving the summons must keep a record of the address and other details of the person summoned.
What does Section 64 of BNSS say?
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What does Section 64 of BNSS mean?
Plain English Explanation
This section explains how a summons is served in a court case. A summons is a legal notice that requires someone to appear in court. It must be served personally to the person summoned, or by electronic communication if the summons has the court's seal. The person serving the summons must keep a record of the address and other details of the person summoned.
Practical Interpretation
In real-life practice, a summons is typically served by a police officer or a court officer. They must deliver the summons to the person summoned, or leave it at their address if they cannot be found. The person serving the summons must also keep a record of the details of the person summoned, including their address and phone number.
Core Legal Purpose
The core purpose of this section is to ensure that a summons is served in a way that is fair and effective. It requires the person serving the summons to take reasonable steps to ensure that the person summoned receives the notice, and to keep a record of the details of the person summoned.
- •A summons must be served personally to the person summoned, or by electronic communication if the summons has the court's seal.
- •The person serving the summons must keep a record of the address and other details of the person summoned.
- •The summons must be served in a way that is practicable, meaning it must be served in a way that is reasonable and feasible.
- •The police station or the registrar in the Court must maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide.
Practical Example of Section 64 BNSS
Rajesh is summoned to appear in court on a charge of theft. The police officer serving the summons tries to find Rajesh at his home address, but he is not there. The police officer leaves the summons at Rajesh's address and keeps a record of the details of Rajesh, including his address and phone number. This is an example of how Section 64 of BNSS operates in everyday situations.
Frequently Asked Questions about Section 64 BNSS
Q: What is the punishment or consequence under Section 64 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 both private individuals and public entities, as it requires the person serving the summons to serve it to the person summoned, regardless of their status.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to the classification of an offence as bailable or cognizable.
Common Questions about Section 64 BNSS
What is Section 64 of BNSS?
Section 64 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Summons how served". In plain terms: This section explains how a summons is served in a court case. A summons is a legal notice that requires someone to appear in court. It must be served personally to the person summoned, or by electronic communication if the summons has the court's seal. The person serving the summons must keep a record of the address and other details of the person summoned.
What is the punishment under Section 64 of BNSS?
Section 64 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 64 of BNSS bailable or non-bailable?
Section 64 of BNSS is generally a Non-Bailable offence under Indian criminal procedure.
What are the elements of Section 64 of BNSS?
The essential elements of Section 64 of BNSS are: A summons must be served personally to the person summoned, or by electronic communication if the summons has the court's seal.; The person serving the summons must keep a record of the address and other details of the person summoned.; The summons must be served in a way that is practicable, meaning it must be served in a way that is reasonable and feasible..
Landmark Judgments under Section 64 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 64
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