Introduction

Ever heard of BNSS Section 64 but didn’t quite understand what it means? Don’t worry. You’re not alone. Legal terms can often sound more complicated than they are. In this article, we’re breaking it down into simple English so anyone can understand what BNSS Section 64 is all about and why it’s important in the Indian legal system.

Background of BNSS

BNSS stands for Bharatiya Nagarik Suraksha Sanhita, which is the new law that replaces the old Criminal Procedure Code (CrPC). The aim behind this change was to make our legal system faster, clearer, and more citizen-friendly. Many outdated processes were revised to better suit today’s world.

Overview of Section 64

Section 64 of BNSS deals with the service of summons. In simple words, this section tells us how a legal notice (called a summons) should be delivered to a person who is required to appear before a court.

The purpose? To make sure the person is officially and legally informed about their need to come to court.

Detailed Breakdown of Section 64

Service of Summons

A summons is a legal order from the court asking someone to appear on a certain date. It could be because they are a witness, an accused, or they have relevant information about a case.

Serving to the Accused

The summons must be given directly to the person named in it. Usually, it is handed over in person by a police officer or a court official. It must clearly state the name, case details, date, and place of appearance.

Substituted Service

But what if the person is missing or refuses to take the summons?

BNSS Section 64 says that if the person cannot be found, the summons can be delivered to an adult male member of the family who lives with that person. If that doesn’t work either, the notice can be pasted on the house door, and it will still be considered valid.

Roles and Responsibilities

Police Officers

Police officers usually deliver the summons, and they must file a report confirming whether the delivery was successful or not.

Public Officers

If needed, public officers can also be asked to help deliver summons in certain cases, especially when the accused is from a protected or high-risk background.

Legal Interpretations of Section 64

Courts have often emphasized that the service of summons must be clear, fair, and provable. If it’s not delivered correctly, the whole case could get delayed or dismissed.

Key Differences from CrPC Section 64

Earlier, under CrPC, there were similar rules, but BNSS has made them more defined and strict, especially when it comes to documenting the service and reporting any failure.

For example, now even digital summons are being discussed in courts to speed up the process.

Importance in Day-to-Day Legal Proceedings

Section 64 is used every single day in courts across India. Whether it’s a criminal trial or a petty theft case, sending out a summons is always the first official step to begin a case.

Common Misunderstandings

Many people think that if they avoid a summons, they can escape legal trouble. That’s a myth. Ignoring a summons can lead to non-bailable warrants or even arrest in some cases.

Real-World Examples

Imagine a theft case in Delhi. The accused shifts to a different city. The police first try to serve the summons at his original address. When he’s not found, they give it to his brother living there. He refuses too. So, the summons is pasted on the front door and photographed. That counts as valid service under Section 64.

How It Impacts the Accused

If you're the accused and you receive a summons, it’s not optional—you must attend court. If you don’t, the judge might issue a bailable or non-bailable warrant.

When Summons Are Not Properly Served

Improper service can cause unnecessary delays and even help the accused avoid trial. That’s why courts are very strict about proof of service.

Tips for Legal Professionals

Lawyers and police should:

• Keep proper records.
  
  

• Get digital or photographic proof if needed.
  
  

• Follow procedures strictly to avoid any legal loopholes.
  
  

Future Scope and Reforms

With more court processes going online, future reforms might include:

• Serving summons via email or WhatsApp.
  
  

• Using Aadhaar or mobile verification.
  
  

• AI-based tracking for legal notices.
  
  

This would make summons quicker, traceable, and harder to avoid.

Conclusion

BNSS Section 64 might look like a small technical rule, but it plays a huge role in the legal process. It's all about fairness—making sure people are informed before they face legal consequences. Understanding this section is important not just for lawyers but for every citizen who might be involved in a legal process one day.

FAQs

1. What is a summons under BNSS Section 64?

A summons is a legal notice asking someone to appear in court, either as an accused, witness, or for another legal reason.

2. Can a summons be refused?

Yes, but refusing can lead to stronger legal actions like warrants. The court can still treat it as served if rules are followed.

3. What happens if someone is not at home during service?

The summons can be given to another adult male family member or pasted on the door, as per Section 64.

4. Is digital service of summons allowed?

Not officially under Section 64, but courts are gradually considering digital means in urgent or modern cases.

5. Why is Section 64 important?

It ensures that no one is dragged to court without notice. It gives a fair chance to prepare and defend oneself.