Section 71 BNSS: Service of summons on witness
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 71 BNSS at a Glance
Section 71 BNSS deals with service of summons on witness. It replaced Section 69 CrPC on 1 July 2024.
Section 71 BNSS Bare Act Text
(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.
Source: Section 71, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 71 BNSS in Simple Words
Section 71 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the service of a summons on a witness.
Under Section 71(1) BNSS, notwithstanding anything contained in the preceding sections of the 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 the witness ordinarily resides or carries on business or personally works for gain.
Under Section 71(2) BNSS, 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 Section 70(3) BNSS by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served.
When Section 71 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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 Under Section 71 BNSS
- 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”
Example of Section 71 BNSS
When Section 71 BNSS Does Not Apply
- Section 71(1) BNSS speaks of a summons issued to a witness. It does not deal with a summons issued to an accused person.
- Section 71(2) BNSS speaks of an acknowledgement, an endorsement or proof of delivery by electronic communication. It does not deal with proof of service by an affidavit made before a Magistrate.
Section 71 BNSS in the CrPC (Previous Law)
Section 71 BNSS replaced Section 69 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 71 BNSS
How may a Court direct a copy of a summons to a witness to be served under Section 71 BNSS?▼
Section 71(1) BNSS says that 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 which place is the registered post addressed under Section 71 BNSS?▼
Section 71(1) BNSS says at the place where the witness ordinarily resides or carries on business or personally works for gain.
When may the Court deem that the summons has been duly served under Section 71(2) BNSS?▼
Section 71(2) BNSS says that the Court issuing summons may deem that the summons has been duly served 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 Section 70(3) BNSS by electronic communication to the satisfaction of the Court.
What changed from Section 69 CrPC to Section 71 BNSS from 1 July 2024?▼
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, after the words has been received, 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. Section 70(3) BNSS, to which Section 71(2) BNSS refers, has no counterpart in Section 68 CrPC.
Section 71 BNSS: Sub-sections Explained
Section 71(1) BNSS: Service of summons on witness by post
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Bare Act Text
(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.
Section 71(2) BNSS: Service of summons on witness by post
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·