Section 63 BNSS: Form of summons

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 63 BNSS at a Glance

Section 63 BNSS deals with form of summons. It replaced Section 61 CrPC on 1 July 2024.

Was CrPC

Section 61 →

Section 63 BNSS Bare Act Text

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.

Source: Section 63, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 63 BNSS in Simple Words

Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the form of a summons. 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.

Under Section 63(i) BNSS the summons is 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. 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.

When Section 63 BNSS Applies

  • 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.
  • 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.
  • A summons under Section 63(i) BNSS shall bear the seal of the Court.
  • 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.

Example of Section 63 BNSS

Kavita is the presiding officer of a Court in Bengaluru. The Court issues a summons to Arjun under the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 63(i) BNSS, the summons may be in writing and in duplicate, signed by Kavita, and bear the seal of the Court. Under Section 63(ii) BNSS, the summons may instead be in an encrypted or any other form of electronic communication bearing the image of the seal of the Court or digital signature.

When Section 63 BNSS Does Not Apply

  • Section 63 BNSS speaks of the form of a summons issued by a Court. It does not deal with how a summons is served on the person summoned.
  • Section 63 BNSS speaks of a summons. It does not deal with a warrant of arrest.

Section 63 BNSS in the CrPC (Previous Law)

Section 63 BNSS replaces Section 61 CrPC from the old criminal code.

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.

View CrPC Section 61 →

FAQs on Section 63 BNSS

What forms of summons does Section 63 BNSS provide for?▼

Section 63 BNSS says that every summons issued by a Court under the Sanhita shall be in writing, in duplicate, signed and sealed under Section 63(i) BNSS, or in an encrypted or any other form of electronic communication bearing the image of the seal of the Court or digital signature under Section 63(ii) BNSS.

What must a summons in electronic communication bear under Section 63(ii) BNSS?▼

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

Who signs a written summons under Section 63(i) BNSS?▼

The presiding officer of the Court that issues the summons signs it, or such other officer as the High Court may, from time to time, by rule direct.

What changed from Section 61 CrPC to Section 63 BNSS from 1 July 2024?▼

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·