Form of summons
Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with form of summons. Every summons issued by a Court under this Sanhita 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; The Act came into force on 01 Jul 2024.
Every summons issued by a Court under this Sanhita 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.
Section 63, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 61 Form of summons Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mohd. Ghulam Rasool vs Shameem Sultana
Decided under Code of Criminal Procedure 61, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Service of summons in maintenance proceedings under Section 125 CrPC can be validly effected by registered post with acknowledgment due in accordance with Rule 13-A of Criminal Rules of Practice and Circular Orders 1990, and when such registered post notice is unclaimed, it constitutes deemed service under Section 27 of the General Clauses Act 1897, thereby validating an ex parte order passed in maintenance proceedings.
On this section: Defines form of summons - must be in writing, duplicate, signed by presiding officer, bearing court seal. Court examined whether this section mandates personal service only.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 63
What have the courts held on Section 63 of the Bharatiya Nagarik Suraksha Sanhita?
Mohd. Ghulam Rasool vs Shameem Sultana (20 Oct 2009) is the leading judgment on this section among those set out below, though it was decided under CRPC 61, which this section replaced -- the court never mentioned this Act: Defines form of summons - must be in writing, duplicate, signed by presiding officer, bearing court seal. Court examined whether this section mandates personal service only.
How do I find court cases under Section 63 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 63, section 63 BNSS, section 63 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 63 to 71 and bnss 63 4 c. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mohd. Ghulam Rasool vs Shameem Sultana (20 Oct 2009).
What should I read with Section 63 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 61 (Form of summons), so the judgments decided under that provision are the case law on this one.
When did Section 63 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 63 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 63, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.