(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by electronic communication or by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain. (2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served. B.—Warrant of arrest
Bharatiya Nagarik Suraksha Sanhita
Section 71
Service of summons on witness
⚡ Quick Answer Reference: Section 71 BNSS
- Provision: Section 71 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: This section allows a court to serve a summons to a witness through electronic communication or registered post, in addition to the usual method. The court can consider the summons served if the witness acknowledges receipt or if the postal employee confirms the witness refused delivery.
What does Section 71 of BNSS say?
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What does Section 71 of BNSS mean?
Plain English Explanation
This section allows a court to serve a summons to a witness through electronic communication or registered post, in addition to the usual method. The court can consider the summons served if the witness acknowledges receipt or if the postal employee confirms the witness refused delivery.
Practical Interpretation
In practice, this section enables courts to use electronic communication or registered post to serve summons to witnesses, which can be more efficient and convenient. The court can rely on the acknowledgement or postal employee's confirmation to consider the summons served.
Core Legal Purpose
The core purpose of this section is to provide an alternative method for serving summons to witnesses, making the legal process more efficient and convenient.
- •The court issuing the summons must direct a copy of the summons to be served by electronic communication or registered post.
- •The summons must be addressed to the witness at the place where they ordinarily reside, carry on business, or personally work for gain.
- •The court can consider the summons served if the witness acknowledges receipt or if the postal employee confirms the witness refused delivery.
- •The court must be satisfied with the proof of delivery of the summons by electronic communication.
Practical Example of Section 71 BNSS
Rajesh, a key witness in a court case, is summoned to testify. The court directs a copy of the summons to be served on Rajesh by electronic communication to his registered email address. Rajesh acknowledges receipt of the summons, and the court considers the summons served. On the day of the trial, Rajesh appears in court and testifies as a witness.
Frequently Asked Questions about Section 71 BNSS
Q: What is the punishment or consequence under Section 71 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 pertains to the service of summons on witnesses in a court case.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to an offence, so it is neither bailable nor cognizable.
Common Questions about Section 71 BNSS
What is Section 71 of BNSS?
Section 71 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Service of summons on witness". In plain terms: This section allows a court to serve a summons to a witness through electronic communication or registered post, in addition to the usual method. The court can consider the summons served if the witness acknowledges receipt or if the postal employee confirms the witness refused delivery.
What is the punishment under Section 71 of BNSS?
Section 71 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 71 of BNSS bailable or non-bailable?
Whether Section 71 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 71 of BNSS?
The essential elements of Section 71 of BNSS are: The court issuing the summons must direct a copy of the summons to be served by electronic communication or registered post.; The summons must be addressed to the witness at the place where they ordinarily reside, carry on business, or personally work for gain.; The court can consider the summons served if the witness acknowledges receipt or if the postal employee confirms the witness refused delivery..
Landmark Judgments under Section 71 BNSS
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Patnahcucisdb94 High Court (10 8)
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 71
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