Bharatiya Nagarik Suraksha Sanhita, 2023
Section 63
Form of summons
Every summons issued by a Court under this Sanhita shall be,—
(i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, 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.
Why this exists
Summons are official orders telling someone to appear before a court or produce something; if fake or unverified summons could circulate, people could be tricked or harassed. Historically, Indian criminal procedure (going back to the Code of Criminal Procedure, 1898 and 1973) required written, signed, sealed summons to guarantee authenticity. The Bharatiya Nagarik Suraksha Sanhita, 2023, updates this old paper-only rule to also recognize electronic communication, reflecting the shift toward digital court processes while keeping the same safeguard: proof that the summons genuinely comes from the court.
Common misconceptions
- Myth: A court summons must always be a physical paper document.
Fact: Under this section, an encrypted or electronic summons bearing a digital signature or seal image is equally valid. - Myth: Any court officer can sign a summons.
Fact: Only the presiding officer, or another officer specifically authorized by High Court rules, may sign it.