Section 64 BNSS: Summons how served

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 64 BNSS at a Glance

Section 64 BNSS deals with summons how served. It replaced Section 62 CrPC on 1 July 2024.

Was CrPC

Section 62 →

Section 64 BNSS Bare Act Text

(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant:

Provided that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide.

(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons:

Provided that summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide.

(3) Every person on whom a summons is so served personally shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

Source: Section 64, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 64 BNSS in Simple Words

Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with how a summons is served. Under Section 64(1) BNSS, every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant, and the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide.

Under Section 64(2) BNSS, the summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons, and summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide. Under Section 64(3) BNSS, every person on whom a summons is so served personally shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

When Section 64 BNSS Applies

  • Under Section 64(1) BNSS, a summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.
  • The proviso to Section 64(1) BNSS says that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide.
  • Under Section 64(2) BNSS, the summons shall, if practicable, be served personally on the person summoned, by delivering or tendering one of the duplicates of the summons.
  • The proviso to Section 64(2) BNSS says that summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide.
  • Under Section 64(3) BNSS, a person on whom a summons is so served personally shall sign a receipt on the back of the other duplicate if the serving officer so requires.

Example of Section 64 BNSS

Vikram is a police officer. A Court issues a summons to Deepak. Under Section 64(1) BNSS, Vikram serves the summons. Under Section 64(2) BNSS, Vikram serves the summons personally on Deepak, if practicable, by delivering or tendering one of the duplicates of the summons to Deepak. Under the proviso to Section 64(2) BNSS, the summons bearing the image of Court's seal may also be served on Deepak by electronic communication in such form and in such manner as the State Government may, by rules, provide. Under Section 64(3) BNSS, Deepak signs a receipt on the back of the other duplicate if Vikram so requires.

When Section 64 BNSS Does Not Apply

  • Section 64(3) BNSS speaks of a person on whom a summons is served personally. It does not deal with a person summoned who cannot be found by the exercise of due diligence.
  • Section 64 BNSS speaks of the service of a summons. It does not deal with the form of a summons.

Section 64 BNSS in the CrPC (Previous Law)

Section 64 BNSS replaced Section 62 CrPC from 1 July 2024.

Section 64 BNSS has the same heading as Section 62 CrPC. Section 64(1) BNSS and Section 64(2) BNSS carry the words of Section 62(1) CrPC and Section 62(2) CrPC, and each adds a proviso. The proviso to Section 64(1) BNSS provides for a register kept by the police station or the registrar in the Court. The proviso to Section 64(2) BNSS provides that summons bearing the image of Court's seal may also be served by electronic communication. Section 64(3) BNSS reads is so served personally where Section 62(3) CrPC read is so served.

Each sub-section below names its own source.

FAQs on Section 64 BNSS

Who serves a summons under Section 64 BNSS?▼

Section 64(1) BNSS says that every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.

How may summons bearing the image of Court's seal be served under Section 64(2) BNSS?▼

The proviso to Section 64(2) BNSS says that summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide.

What register is maintained under the proviso to Section 64(1) BNSS?▼

The proviso to Section 64(1) BNSS says that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide.

What changed from Section 62 CrPC to Section 64 BNSS from 1 July 2024?▼

Section 64 BNSS has the same heading as Section 62 CrPC. Section 64(1) BNSS and Section 64(2) BNSS carry the words of Section 62(1) CrPC and Section 62(2) CrPC, and each adds a proviso. The proviso to Section 64(1) BNSS provides for a register kept by the police station or the registrar in the Court. The proviso to Section 64(2) BNSS provides that summons bearing the image of Court's seal may also be served by electronic communication. Section 64(3) BNSS reads is so served personally where Section 62(3) CrPC read is so served.

Section 64 BNSS: Sub-sections Explained

Section 64(1) BNSS: Summons how served

▶

Bare Act Text

(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant:

Provided that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide.

Previous Law

CrPC 62 → Section 64(1) BNSS

Section 64(2) BNSS: Summons how served

▶

Bare Act Text

(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons:

Provided that summons bearing the image of Court's seal may also be served by electronic communication in such form and in such manner, as the State Government may, by rules, provide.

Previous Law

CrPC 62(2) → Section 64(2) BNSS

Section 64(3) BNSS: Summons how served

▶

Bare Act Text

(3) Every person on whom a summons is so served personally shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

Previous Law

CrPC 62(3) → Section 64(3) BNSS

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