As per the Bharatiya Nagarik Suraksha Sanhita, 2023, how should every summons issued by a Court be formatted?
Show answer & explanation
Correct answer: A
Explanation
Correct Answer
In duplicate, signed and sealed or sent via encrypted digital form
Explanation
According to Section 63 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the old Code of Criminal Procedure (CrPC), a major step was taken toward modernizing court processes.
The law states that every summons issued by a Court must adhere to either of these criteria:
Traditional Paper Format: It must be in writing, in duplicate (two copies), signed by the presiding officer of the Court (or an officer authorized by the High Court), and must bear the official seal of the Court.
Modern Digital Format: It can also be issued in an encrypted form or any other form of electronic communication (such as SMS, WhatsApp, or Email) as long as it bears a digital signature or an image of the court's official seal.
The remaining options describe incorrect or legally unauthorized methods:
Handwritten notes sent exclusively via a personal messenger do not satisfy the legal parameters of modern electronic provisions or necessary duplicated formal records.
Verbal instructions carry no legal weight for a formal court appearance; a summons must have strict documented authenticity.
A police station officer does not have the primary judicial authority to issue a court summons under Section 63; it must originate from the court's presiding authority.
Key Points
The inclusion of encrypted digital communications like email and secure messaging apps in the BNSS, 2023 was designed to speed up the delivery mechanism and reduce unnecessary judicial delays.
When electronic summons are delivered, the serving officer is required to verify the identity of the recipient and capture a digital acknowledgment of the receipt for court records.
Important Questions and Answers
Question: Which section of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 explicitly governs the form and structure of a court summons?
Answer: Section 63.
Question: Under the BNSS, if a digital summons is transmitted, what must it display to ensure legal authenticity instead of a physical ink seal?
Answer: A digital signature or an authentic image of the court's seal.