CrPC 69→BNSS 71

CrPC 69 to BNSS 71: Service of summons on witness by post

Section 69 CrPC (1973) replaced by Section 71 BNSS (2023)

View CrPC Section 69 →View BNSS Section 71 →

CrPC 69 to BNSS 71 at a Glance

Section 69 CrPC (Service of summons on witness by post) is now Section 71 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 69 to BNSS 71?

Section 71 BNSS reads Service of summons on witness as its heading where Section 69 CrPC read Service of summons on witness by post. Section 71(1) BNSS reads by electronic communication or by registered post where Section 69(1) CrPC read by registered post. Section 71(2) BNSS adds the words or on the proof of delivery of summons under Section 70(3) BNSS by electronic communication to the satisfaction of the Court, and reads may deem where Section 69(2) CrPC read may declare.

CrPC 69 vs BNSS 71: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section6971
HeadingService of summons on witness by postService of summons on witness
Sub-sections2 sub-sectionsSame

CrPC 69 and BNSS 71: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 69, CrPC 1973

69. Service of summons on witness by post.—(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain. (2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.
BNSS 2023 (in force)

Section 71, BNSS 2023

71. Service of summons on witness.—(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by electronic communication or by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain. (2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served.

When It Applies: CrPC 69 vs BNSS 71

Under CrPC 69
  1. Under Section 69(1) CrPC, a Court issuing a summons to a witness may direct a copy of the summons to be served by registered post, notwithstanding anything contained in the preceding sections of the Chapter.
  2. The copy is addressed to the witness at the place where the witness ordinarily resides or carries on business or personally works for gain.
  3. Under Section 69(2) CrPC, the Court issuing the summons may declare that the summons has been duly served when an acknowledgement purporting to be signed by the witness has been received.
  4. The Court may also declare the summons duly served when an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received.
Under BNSS 71
  1. Under Section 71(1) BNSS, a Court issuing a summons to a witness may direct a copy of the summons to be served by electronic communication or by registered post, notwithstanding anything contained in the preceding sections of the Chapter.
  2. A copy served by registered post is addressed to the witness at the place where the witness ordinarily resides or carries on business or personally works for gain.
  3. Under Section 71(2) BNSS, the Court issuing summons may deem that the summons has been duly served when an acknowledgement purporting to be signed by the witness has been received.
  4. The Court may also deem the summons duly served when an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received.
  5. The Court may also deem the summons duly served on the proof of delivery of summons under Section 70(3) BNSS by electronic communication to the satisfaction of the Court.

Time Limits: CrPC 69 to BNSS 71

Under CrPC 69
  • The Court may direct the copy to be served in addition to and simultaneously with the issue of the summons.Act text: “in addition to and simultaneously with the issue of such summons”
Under BNSS 71
  • The Court may direct the copy to be served in addition to and simultaneously with the issue of the summons.Act text: “in addition to and simultaneously with the issue of such summons”

What CrPC 69 to BNSS 71 Means in Practice

Section 69(1) CrPC is found in Section 71(1) BNSS and Section 69(2) CrPC in Section 71(2) BNSS. Section 71(1) BNSS adds electronic communication as a way to serve a copy of the summons on a witness.

FAQs: CrPC 69 to BNSS 71

Where is Section 69 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 69(1) CrPC is found in Section 71(1) BNSS and Section 69(2) CrPC in Section 71(2) BNSS.

Is the text of Section 71 BNSS the same as Section 69 CrPC?▼

Section 71 BNSS has a different heading, and the text differs. Section 71(1) BNSS adds electronic communication, Section 71(2) BNSS adds proof of delivery of summons under Section 70(3) BNSS by electronic communication, and Section 71(2) BNSS reads may deem where Section 69(2) CrPC read may declare.

What does Section 71(2) BNSS add to Section 69(2) CrPC?▼

Section 71(2) BNSS adds the words or on the proof of delivery of summons under Section 70(3) BNSS by electronic communication to the satisfaction of the Court.

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: 22 Oct 2026 ·