CrPC 61→BNSS 63

CrPC 61 to BNSS 63: Form of summons

Section 61 CrPC (1973) replaced by Section 63 BNSS (2023)

View CrPC Section 61 →View BNSS Section 63 →

CrPC 61 to BNSS 63 at a Glance

Section 61 CrPC (Form of summons) is now Section 63 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 61 to BNSS 63?

Section 63 BNSS has the same heading as Section 61 CrPC. Section 63 BNSS reads Sanhita where Section 61 CrPC read Code. Section 63(i) BNSS carries the words of Section 61 CrPC as the first of the alternatives joined by or. Section 63(ii) BNSS adds a summons in an encrypted or any other form of electronic communication bearing the image of the seal of the Court or digital signature, and Section 61 CrPC has no counterpart to it.

CrPC 61 vs BNSS 63: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section6163
HeadingForm of summonsSame

CrPC 61 and BNSS 63: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 61, CrPC 1973

61. Form of summons.—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.
BNSS 2023 (in force)

Section 63, BNSS 2023

63. 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; 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.

When It Applies: CrPC 61 vs BNSS 63

Under CrPC 61
  1. A summons issued by a Court under the Code shall be in writing and in duplicate.
  2. The summons shall be signed by the presiding officer of the Court that issues it, or by such other officer as the High Court may, from time to time, by rule direct.
  3. The summons shall bear the seal of the Court.
Under BNSS 63
  1. Every summons issued by a Court under the Sanhita shall be in the form in Section 63(i) BNSS or in the form in Section 63(ii) BNSS.
  2. Under Section 63(i) BNSS the summons is in writing, in duplicate, and 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.
  3. A summons under Section 63(i) BNSS shall bear the seal of the Court.
  4. Under Section 63(ii) BNSS the summons is in an encrypted or any other form of electronic communication and shall bear the image of the seal of the Court or digital signature.

What CrPC 61 to BNSS 63 Means in Practice

Section 61 CrPC is found in Section 63(i) BNSS. Section 63(ii) BNSS adds the electronic form of summons, bearing the image of the seal of the Court or digital signature.

FAQs: CrPC 61 to BNSS 63

Where is Section 61 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 61 CrPC has no sub-sections, and maps as a whole to Section 63 BNSS. Its words are found in Section 63(i) BNSS.

Is the text of Section 63 BNSS the same as Section 61 CrPC?▼

Section 63 BNSS has the same heading as Section 61 CrPC. Section 63(i) BNSS carries the words of Section 61 CrPC with Sanhita for Code. Section 63(ii) BNSS adds a summons in an encrypted or any other form of electronic communication, and Section 61 CrPC has no counterpart to it.

What does Section 63(ii) BNSS add to Section 61 CrPC?▼

Section 63(ii) BNSS adds a summons in an encrypted or any other form of electronic communication that shall bear the image of the seal of the Court or digital signature.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·