The "Process to Compel Appearance" under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal Procedure (CrPC), is the legal framework empowering authorities to ensure a person's presence before a court. This is a foundational step in the criminal justice process, initiated when a person accused of an offence needs to be brought before the court to answer the charges.
The process is primarily initiated through the issuance of Summons,Warrant, or Proclamation. A Summons is a formal order to appear, typically used for less serious, bailable offences. Failure to comply can lead to the issuance of a warrant. A Warrant is a more stringent written order issued by a magistrate, directing the police to arrest the person and produce them in court. It is generally reserved for non-bailable or more serious offences, or when a summons is disobeyed.
For individuals who abscond or conceal themselves to avoid prosecution, the BNSS provides for a Proclamation for Attachment, declaring the person a proclaimed offender and attaching their property. In the most extreme cases, where other methods fail, the court may even issue a Warrant for Attachment of the absconder's property.
This structured, escalating process is designed to balance the state's power to prosecute with the rights of the accused, ensuring that criminal proceedings can move forward efficiently while providing judicial oversight at every critical stage.
Procuring the appearance of accused in Court
1. If accused is in Court
(i) By executing a bond under (Section 91 of BNSS)
2. By issuing Summons
3. By arresting the accused
(i) With Warrant
(ii) Without Warrant
Summons
Summons are issued
(i) Ordinarily in all Summons cases [Section 227(1)(a)]
(ii) In warrant cases also at the discretion of court [Section 227(1)(b)]
Meaning
The term 'summons' has not been defined in BNSS. However, it means an authoritative call or process by the Court to call upon a person to appear before it or production of any document or thing. Summons are issued according to 'Form no. 2 Second Schedule'.
Purpose of issuing summon
They are issuing for the following purposes
(i) Compelling the appearance of accused or witness [Section 63 - 71]
(ii) For the production of document or thing [Section 94 - 95]
Essentials of summons
Section 63 provides the essentials of summons. Essentials of summons are -
(i) It must be in writing
(ii) It must be in duplicate.
(iii) It must be signed by the presiding officer of the court or any other officer authorised by the High Court.
(iv) It must bear the seal of the court.
(v) If summon is in an encrypted or any other form of electronic communication it shall bear the image of the seal of the Court or digital signature. [Section 63(ii)]
(vi) If the summons are issued on the basis of complaint filed by the complainant it should be accompnied by a copy of the complaint. [Section 227(3)]
(vii) Every summon must sufficiently state the particulars of the place and time of appearance and nature and of the offence charged.
There is a new insertion in this provision. Section 63(ii) is a new insertion. Courts can now issue summons in an encrypted form of electronic communication and the summon shall bear the image of the seal of the court or digital signature.
Service of summons and Mode of service of summons [Section 64-71]
Summons how served
(i) Personally (Section 64)
(ii) On adult members (not servant) (Section 66)
(iii) Substituted Service (Section 67)
Section 64 provides that every summon shall be served by the
(i) Police officer
(ii) An officer of the court issuing it.
(iii) Any other public servant
Proviso to Section 64(1) provides that 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) provides that if practicable a summon shall be served personally on the person summoned by delivering or tendering one of the duplicates of the summons. Section 64(3) provides that the person on whom summons is served shall, if so required by the serving officer, sign a receipt thereof on the back of other duplicate.
Proviso to Section 64(2) lays down that summon bearing the image of the court's seal may also be served by electronic communication in such form and in such manner as the State Government may provide.
There is new insertion in this provision. Proviso to Section 64(1) provides that 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. There was no such provision in CrPC.
In CrPC, there was no provision for service of summons by electronic means. But proviso to Section 64(2) of BNSS, 2024 provides for service of summons, bearing the image of court's seal, by electronic communication.
Service of summons on corporate bodies, firms and societies
Section 65 relates to service of summons on corporate bodies, firms and societies. Service of summons on a corporation and societies may be affected by-
(i) Serving it on Director, Manager, Secretary or other officer of the company or corporation;
(ii) Serving through a letter by registered post on addressed to the Director, Manager, Secretary or other officer of the company or corporation in India.
Section 65(2) provides that service of a summons on a firm or other association of individuals may be effected by serving it on any partner of such firm or association, or by letter sent by registered post addressed to such partner, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
There is a new insertion in this provision. In Section 65 company has also been included in the provision and now it clearly specifies that service of summons on company or corporate bodies by service on their Director, Manager, Secretary or other officer of the company or corporation. Section 65(2) is a new insertion. It provides for service on firm or other association of individuals. CrPC did not provide for it.
When person summoned cannot be found
Section 66 provides that if the person summoned cannot be found after exercising due diligence, the summons can be served on the adult member of the family. The person with whom the summon is so left shall, if so required by the serving officer, sign a receipt at the back of summon. Servant is not considered to be the member of family.
There is a change in this provision. Section 66 provides that in such case summon can be served on any adult member of the family. In CrPC, if the person summoned cannot be found then summon could be served only on an adult male member of family. BNSS has removed the differentiation between men and woman
Substituted Service
Section 67 provides for substituted service or service by affixture. It lays down that where summons cannot be served in a manner provided by Section 64, 65 and 66 the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house in which person summoned ordinarily resides.
Service of summons on Government Servants.
Section 68 relates to the service of summons on Government Servants. It lays down that the service of summons on a person who is in active of government, may be made effective by sending it in duplicate to the head of the office in which such person is employed. Head of the office shall cause the summons to be served personally and return it to the court with the endorsement of the person to be served with his own signature.
Service of Summons outside local limits
Section 69 provides for the service of summons outside local limits. It shall be sent to the Magistrate within whose local jurisdiction the person either resides or otherwise is present.
Proof of service when serving officer not present
Section 70 relates to the proof of service of summons when serving officer is not present at the hearing of the case. Section 70(1) provides that when a summons issued by a court is served outside its local jurisdiction, and in any case where the officer who served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by Section 64 or Section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
Section 70(3) provides 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 a proof of service of summons.
Conclusion
In conclusion, the "Process to Compel Appearance" under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, establishes a meticulously structured and escalating legal mechanism to ensure the presence of an accused person before a court, thereby safeguarding the integrity of the criminal justice process. This framework, which progresses from the less intrusive Summons to the more coercive Warrant and, ultimately, to the stringent Proclamation for Attachment for absconders, is designed to balance the state's prosecutorial power with the rights of the accused, all under continuous judicial oversight.
The detailed provisions governing the issuance and service of summons form the bedrock of this process. The BNSS modernizes this critical procedure by incorporating significant changes from the old CrPC. Key innovations include:
Digital Integration: The explicit provision for issuing and serving summons via encrypted electronic communication, complete with digital signatures or the court's seal image, bringing the legal process into the digital age.
Enhanced Record-Keeping: The mandatory maintenance of a register with addresses, email IDs, and phone numbers to facilitate more efficient service.
Gender-Neutral and Inclusive Procedures: The removal of the requirement for an "adult male member" for substituted service, allowing service on any adult family member, and clearer provisions for serving corporate bodies, firms, and societies.
These updates, alongside the established modes of service—personal, on adult family members, substituted service (affixture), and service on government servants—ensure a robust and adaptable system. The requirement for proper documentation and affidavits as proof of service further reinforces the legality and accountability of the process. Ultimately, the BNSS refines the procedural law to compel appearance, making it more efficient, technologically contemporary, and responsive to modern needs while upholding the fundamental principles of justice and due process.
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