Section 62 CrPC - Summons How Served: Current Law Under Section 64 BNSS

Section 62 of the Code of Criminal Procedure, 1973 sets out how a court summons is served. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 64, which also provides for service through prescribed electronic communication.

What is a court summons?

A summons is a formal process issued by a court directing a person to appear before it or take a specified procedural step. The form of a summons is governed by Section 63 BNSS (formerly Section 61 CrPC), while its service is addressed by Section 64 BNSS (formerly Section 62 CrPC).

Section 62 CrPC - Original legal provision

Section 62 of the Code of Criminal Procedure, 1973: Summons how served

Section 64 BNSS - Current law on service of summons

Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Summons how served

Section 64(1): Who may serve a summons?

A summons may be served by a police officer, or, subject to State Government rules, by an officer of the issuing court or another public servant. The proviso requires the police station or court registrar to maintain a register of addresses, email addresses, phone numbers and other prescribed details.

Section 64(2): Personal and electronic service

Where practicable, the summons must be served personally by delivering or tendering one duplicate to the person summoned. The proviso also permits service by electronic communication bearing the image of the court's seal, in the form and manner prescribed by the State Government.

Section 64(3): Acknowledgment of service

A person personally served with a summons must, if requested by the serving officer, sign a receipt on the reverse of the other duplicate. This acknowledgment assists in proving personal service.

Electronic summons and proof of service

Section 63 BNSS permits summons in an authenticated electronic form. Section 64(2) allows electronic service subject to applicable State rules. Section 70(3) BNSS deals with proof of summons served through electronic communication under Sections 64 to 71.

The Supreme Court, in its judgment dated 16 July 2025 in Satender Kumar Antil v. Central Bureau of Investigation, discussed the requirements of Sections 63 and 64 BNSS, including authentication of electronic summons and the role of State rules. An electronic message should not automatically be treated as valid court service without examining the prescribed legal requirements.

What happens when personal service is not possible?

Section 66 BNSS provides for service on an adult family member residing with the person when the person cannot be found despite due diligence. Section 67 BNSS addresses affixing a summons at the person's ordinary residence where service cannot otherwise be effected, subject to the court's subsequent decision. Other provisions govern corporate bodies, government servants, service outside local limits and witnesses.

Practical points when receiving a summons

Check the issuing court, case details, appearance date, seal or digital authentication and the method of delivery. Preserve the summons and any delivery record. Where authenticity or service is disputed, consult the issuing court or qualified legal counsel promptly; do not ignore a summons merely because it arrived electronically.

Official legislation and references

Updated: 16 October 2026. This article is general legal information, not advice for a particular proceeding. Applicable State rules and judicial directions should be checked for the relevant jurisdiction.