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CHAPTER VI PROCESSES TO COMPEL APPEARANCE · A.—Summons

Section 71: Service of summons on witness

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 4 of our papers cite Section 71. Try these from the free papers:

  1. 1. Consider the following statements regarding service of summons on a witness under Section 71 of the BNSS: 1. A Court issuing a summons to a witness may, in addition to and simultaneously with the issue of the summons, direct a copy to be served by electronic communication or by registered post. 2. Where an endorsement purporting to be made by a postal employee states that the witness refused to take delivery, the Court may deem the summons to have been duly served. 3. Service by registered post under Section 71 may be directed only after an attempt at personal service has failed. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita