In India, a court summons can now be issued and served electronically: Section 63(ii) and Section 64(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) allow a summons bearing the image of the court's seal or a digital signature to be served by electronic communication, and Section 70(3) BNSS deems that service duly made — provisions with no equivalent in Sections 61, 62, 68 or 69 of the CrPC.
The situation
A person receives what appears to be a court summons through email, a messaging app, or another electronic channel, rather than as a physical document handed to them or sent by post. They want to know whether such a summons can be legally valid, what the court must do to make it valid, and how this differs from what the CrPC required.
Old law vs new law at a glance
| Issue | CrPC (section) | BNSS (section) | What changed |
|---|---|---|---|
| Form a summons must take | Section 61 — written, in duplicate, signed and sealed | Section 63 — written, OR "in an encrypted or any other form of electronic communication," bearing the image of the court's seal or a digital signature | New: electronic form added |
| Mode of personal service | Section 62(1)-(2) — served by a police or court officer, delivered personally | Section 64(1)-(2) — same, plus a proviso allowing service "by electronic communication" as State rules provide, and a register of address, email and phone number | New: electronic service and a contact register |
| Service on a witness | Section 69(1) — registered post only (central text) | Section 71(1) — "electronic communication or by registered post," simultaneously with the main summons | New: electronic mode added |
| Proof of service | Section 68(1)-(2) — affidavit plus endorsed duplicate | Section 70(1)-(3) — same, plus sub-section (3) deeming electronic service duly made, with an attested copy kept as proof of service | New: express deeming clause for e-service |
| Definition of "electronic communication" | No such definition in the sections read | Section 2(1)(i) — communication of written, verbal, pictorial or video content by an electronic device including a telephone, mobile phone or computer | New |
| Whole proceedings conducted electronically | No equivalent provision | Section 530 — trials, inquiries and proceedings, including issuance, service and execution of summons and warrants, may be held in electronic mode | New |
What the law requires now, step by step
Step 1 — The summons itself may take electronic form
Section 63 BNSS states that every summons shall be either:
"(i) in writing, in duplicate, signed... 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."
Section 61 CrPC, as read, contained only the first limb — a written, duplicate, signed and sealed document — with no electronic alternative.
Step 2 — What counts as "electronic communication"
Section 2(1)(i) BNSS defines the term broadly:
"'electronic communication' means the communication of any written, verbal, pictorial information or video content transmitted or transferred... by means of an electronic device including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or audio-video player or camera or any other electronic device or electronic form as may be specified by notification, by the Central Government."
The definition does not name any specific messaging application; it is written to cover categories of device and transmission, with further devices or forms left to Central Government notification. The form and manner of serving a summons by electronic communication is left to State Government rules under Section 64(2) BNSS.
Step 3 — Personal service, with an electronic alternative and a contact register
Section 64(1) BNSS carries over Section 62(1) CrPC's basic service mechanism — a police officer, or an officer of the issuing court, or another public servant — and adds a proviso:
"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."
Section 64(2) BNSS then adds a second proviso: "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." Section 62(1)-(2) CrPC, as read, contains neither proviso.
Step 4 — Proof that electronic service actually happened
Section 70(3) BNSS states:
"All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons."
Section 68 CrPC, as read, addresses proof of service only through an affidavit and an endorsed physical duplicate — it has no equivalent deeming clause for electronic delivery.
Step 5 — A witness can also be served electronically
Section 71(1) BNSS lets a court "direct a copy of the summons to be served by electronic communication or by registered post," in addition to and simultaneously with the summons itself. Section 69(1) CrPC's central text, as read, allowed only registered post for this simultaneous-copy mechanism.
Step 6 — The broader shift: whole proceedings in electronic mode
Section 530 BNSS states that trials, inquiries and proceedings, "including... issuance, service and execution of summons and warrant... examination of complainant and witnesses... recording of evidence in inquiries and trials; and... all appellate proceedings," may be held in electronic mode, by electronic communication or audio-video electronic means. No provision of this kind appears in the CrPC sections read.
What changed — and what did not
- New provision: The electronic form of summons under Section 63(ii) BNSS, the electronic-service proviso under Section 64(2) BNSS, and the deeming clause for proof of e-service under Section 70(3) BNSS have no counterpart anywhere in Sections 61, 62 or 68 CrPC as read.
- New: The mandatory address/email/phone register under Section 64(1) BNSS's proviso is not required by Section 62(1) CrPC.
- New: Section 71(1) BNSS's option to serve a witness by electronic communication, alongside registered post, is an addition to Section 69(1) CrPC's post-only mechanism.
- New: Section 530 BNSS's general enabling provision for electronic-mode proceedings — covering summons, warrants, examination of witnesses, evidence recording and appeals together — has no equivalent section in the CrPC.
- Identical in substance: Where the CrPC's written, personal-delivery and registered-post mechanisms are retained in Sections 64-69 BNSS, the underlying procedure (delivering one duplicate, obtaining a signed receipt, affixation where service cannot be effected, service through a government office head) is carried over largely unchanged.
Which law applies to your case
If the summons was issued, or the underlying proceeding was already pending, before 1 July 2024, the CrPC's service provisions may continue to govern that matter under the savings clause at Section 531 BNSS, rather than Section 63, 64 or 70 BNSS applying retrospectively. The full rule is set out in Which Law Applies to an Offence Before 1 July 2024. This article does not restate the transition rule beyond that reference.
Practical checklist
For a person who received an electronic summons:
- Check that the electronic copy bears the image of the court's seal or a digital signature, as Section 63(ii) BNSS requires.
- Ask which State rule authorises the specific channel used (email, a court portal, or another electronic communication) — Section 64(2) BNSS leaves the form and manner to State Government rules.
- Confirm whether the register maintained under Section 64(1) BNSS's proviso reflects the correct address, email and phone number on file for you.
- Keep the electronic copy and any acknowledgment you send back — Section 70(3) BNSS treats an attested and retained copy as proof of service.
For the advocate:
- Verify the applicable State Government rules under Section 64(2) BNSS before challenging or relying on an electronically served summons — the BNSS text itself leaves the mode to those rules.
- Where service is contested, check whether an attested copy exists as required by Section 70(3) BNSS, since that is what the provision treats as proof.
- For a witness summons served electronically under Section 71(1) BNSS, confirm it was issued simultaneously with the main summons, not as a substitute for it.
- Where the underlying proceeding predates 1 July 2024, assess whether Section 531 BNSS's savings clause keeps the CrPC's service provisions in force for that matter.
Frequently asked questions
Can I be legally served a court summons by WhatsApp or email in India?
The BNSS does not name any specific app. Section 64(2) BNSS's proviso allows a summons bearing the image of the court's seal to be served by electronic communication, in the form and manner the State Government prescribes by rules. Section 2(1)(i) BNSS defines electronic communication broadly enough to cover information transmitted by a telephone, mobile phone or computer, but it does not name email or any messaging application; whether a particular channel is a permitted mode of service depends on the State Government's rules under Section 64(2) BNSS.
Did the CrPC allow a summons to be served electronically?
Not in its central text. Sections 61 to 69 CrPC, as read, contemplate only a written summons served personally, by leaving it with an adult male member of the family, by affixation, through a government office head, by registered post to a corporation, or by registered post to a witness. No provision in that range refers to email or electronic communication. The library text does record a local amendment for the Andaman and Nicobar Islands and Lakshadweep (Andaman and Nicobar Islands U.T. Act 6 of 1977) allowing the substance of a witness summons under Section 69 CrPC to be served by wireless message.
How is proof that an electronic summons was actually served established?
Section 70(3) BNSS states that all summons served through electronic communication under sections 64 to 71 shall be considered as duly served, and a copy of such summons shall be attested and kept as proof of service. This deeming provision has no counterpart in Section 68 CrPC as read.
Can a witness specifically be served a summons electronically?
Yes. Section 71(1) BNSS lets a court direct a copy of a witness summons to be served "by electronic communication or by registered post," in addition to and simultaneously with the main summons. Section 69(1) CrPC's central text, as read, allowed only service by registered post.
Does the court keep a record of my email or phone number for serving summons?
Section 64(1) BNSS's proviso requires the police station or the court registrar to maintain a register recording the address, email address, phone number and such other details as the State Government may, by rules, provide.
Does electronic service apply to a summons issued for an offence committed before 1 July 2024?
Whether Section 63, 64 or 70 BNSS governs a given summons depends on whether the underlying proceeding was already pending immediately before the BNSS came into force. See the dedicated transition guide for the full rule under Section 531 BNSS.
Related on Veritect
- Witness and Accused Testimony by Video Conferencing: BNSS vs CrPC
- Electronic Trials and Proceedings — BNSS Section 530 (New Provision)
- Digital Evidence — Old Evidence Act vs New BSA Comparison
- Which Law Applies to an Offence Before 1 July 2024
- Police Won't Register Your FIR? The Remedy Ladder Under BNSS vs CrPC
- WhatsApp Chats, Emails, Screenshots as Evidence: BSA 61-63 vs Evidence Act 65B
- Section 204 CrPC vs Section 227 BNSS — Issue of Process
- Sections 61–69 CrPC vs Sections 63–71 BNSS — Summons: Form, Service and Proof of Service
Statutory sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 2(1); Section 63; Section 64(1)-(3); Section 65(1)-(2); Section 66; Section 67; Section 68(1)-(2); Section 69; Section 70(1)-(3); Section 71(1)-(2); Section 530 (read from BNSS_2023.md)
- Code of Criminal Procedure, 1973 — Section 61; Section 62(1)-(3); Section 63; Section 64; Section 65; Section 66(1)-(2); Section 67; Section 68(1)-(2); Section 69(1)-(2) (read from CrPC_1973.md)
- Gazette of India, Extraordinary, Part II, Section 1 — CG-DL-E-25122023-250884 (Ministry of Home Affairs), used only to cross-check the garbled Section 2(1)(h) Explanation in the library copy of BNSS_2023.md
This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.