Section 69 CrPC: Service of Summons on Witness by Post
Section 69 of the Code of Criminal Procedure, 1973 (CrPC) allowed a criminal court to send a witness summons by registered post in addition to ordinary service. The corresponding provision, Section 71 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), also expressly permits electronic communication.
Section 69 CrPC: Service of summons on witness by post
Sub-section (1)
Notwithstanding the preceding provisions of the chapter, a court issuing a summons to a witness could, in addition to and simultaneously with the summons, direct that a copy be sent by registered post to the place where the witness ordinarily resided, carried on business, or personally worked for gain.
Sub-section (2)
If the court received an acknowledgement appearing to bear the witness's signature, or a postal employee's endorsement indicating refusal to accept delivery, the court could declare that the summons had been duly served.
Section 71 BNSS: Service of summons on witness
Section 71(1): Additional modes of service
A court issuing a summons to a witness may also direct that a copy be served by electronic communication or registered post, in addition to and at the same time as the ordinary summons. For registered post, the statutory addresses are the witness's ordinary residence, place of business, or place where the witness personally works for gain.
Section 71(2): When service may be treated as complete
The court may deem service duly effected on receiving a signed acknowledgement from the witness, a postal employee's endorsement of refusal, or proof of electronic delivery under Section 70(3) BNSS to the court's satisfaction. It is the court that assesses whether the relevant proof establishes service.
Meaning of key legal expressions
- Summons
- A formal direction issued by a court requiring a person, such as a witness, to attend at the specified time and place or otherwise comply with its terms.
- Registered post
- A postal service that creates dispatch and delivery records, which may be used to establish service.
- Electronic communication
- Communication in an electronic form recognised by the applicable statutory framework and procedural rules; proof of delivery is subject to Section 70(3) BNSS and the court's satisfaction.
- Deemed service
- A legal conclusion that the summons has been duly served when the statutory conditions and required evidence are satisfied, even if personal hand delivery is disputed.
Electronic summons and proof of delivery
Section 70(3) BNSS provides that summons served through electronic communication under Sections 64 to 71 are considered duly served, with an attested copy retained as proof. Under Section 71(2), proof of electronic delivery must satisfy the issuing court. A mere claim that a message was sent should not be treated as a substitute for the statutory proof requirements.
Practical points for witnesses and courts
- The additional registered-post or electronic mode may be used at the same time as the ordinary summons.
- Postal acknowledgements, refusal endorsements and electronic delivery records may become important evidence.
- Refusal of registered post can support a judicial finding of due service; ignoring a summons does not necessarily defeat service.
- A witness disputing service may place the relevant facts and evidence before the issuing court.
- Procedural directions and any applicable High Court or State rules should be checked before using an electronic channel.
Historical territorial amendment in the original CrPC article
The earlier page recorded an amendment attributed to Andaman and Nicobar Islands U.T. Act 6 of 1977, Section 2, concerning Andaman and Nicobar Islands and Lakshadweep. It described adding service of the substance of a witness summons by wireless message to Section 69(1), and addressing refusal of a wireless message under Section 69(2). This is retained as historical CrPC information; its continued operation or relevance under the BNSS should not be assumed without checking the applicable territorial legislation and saving provisions.
Related provisions
Read Section 63 BNSS (form of summons), Section 64 BNSS (service of summons), Section 70 BNSS (proof of service), and Section 71 BNSS (witness summons) together where appropriate. The older corresponding provisions are Sections 61, 62, 68 and 69 CrPC.
Official legislation and references
Bureau of Police Research and Development: BNSS text and section correspondence (PDF)
Delhi Police Academy: BNSS handbook (official BPRD-hosted PDF)
India Code: Official repository of central legislation
Supreme Court of India: Judgment discussing Section 71 BNSS (PDF)
General legal information only. Verify the operative law and applicable procedural rules for the particular case.