Indian criminal procedure | Updated October 2026

Section 61 CrPC: Form of Summons and Section 63 BNSS

Section 61 of the Code of Criminal Procedure, 1973 prescribed the formal requirements for a court summons. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 63, which also permits summons in electronic form.

Current legal position: The BNSS came into force on 1 July 2024, replacing the CrPC subject to applicable repeal and savings provisions under Section 531 BNSS. For older or pending proceedings, the applicable transitional provisions should be checked.

Section 61 CrPC - Form of summons (original provision)

Every summons issued by a Court under this Code shall be 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.

Meaning and essential requirements

A summons is a formal court process requiring a person to appear before a court at a specified time or for a specified purpose. Section 61 CrPC addressed the form of the summons, rather than the complete procedure for its service.

Written document: The summons was required to be in writing.
Duplicate copies: Two copies were required for the prescribed service procedure.
Authorized signature: It had to be signed by the presiding officer or another officer authorized under applicable High Court rules.
Court seal: The summons had to bear the seal of the issuing court.

Section 63 BNSS - Current form of summons

Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that every summons issued by a court under the BNSS 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.

The updated provision therefore retains the traditional paper-summons requirements while expressly recognizing an electronic alternative with the prescribed authentication.

Issuance and service are different

Section 63 BNSS governs the form in which a summons may be issued. Section 64 BNSS governs how summons are served, including provisions for personal service and electronic communication subject to the applicable rules. Under the former CrPC, service was principally addressed in Section 62 and related provisions.

Practical points

Check the issuing court, case reference, date and required appearance details.
For a paper summons, examine the prescribed signature and court seal.
For an electronic summons, verify its authenticity through the issuing court or its official systems and the applicable procedural rules.
If there is doubt about validity or service, seek clarification from the court or qualified legal counsel rather than ignoring the summons.

Official statutory references

This article is general legal information. The applicable statute, court rules and facts of a particular proceeding determine the legal position.