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What Is BNSS Section 63?

Answer By law4u team

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.

Brefe Detail

Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the formal requirements for summons issued by a Court. It specifies that summons can be in written form, signed by the presiding officer and bearing the court's seal, or in electronic form, encrypted and featuring the court's seal image.

Question & Answers

Q: What does Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specify about summons?

A: It specifies the requirements for summons issued by a Court, which can be either in writing or electronic form.

Q: In what forms can a summons be issued?

A: A summons can be issued in writing, signed by the presiding officer and bearing the seal, or in an encrypted electronic format with the court's seal image.

Q: Who is responsible for signing the summons?

A: The summons must be signed by the presiding officer of the Court or another officer designated by the High Court.

Q: Does an electronic summons need any specific features?

A: Yes, an electronic summons must be encrypted and bear the image of the court's seal.

Example

  • A Court issues a summons in writing, which is signed by the presiding officer and includes the court's seal for a scheduled hearing.
  • Alternatively, a summons may be sent via encrypted email, ensuring it has the image of the court's seal to maintain its authenticity.

Summary

Section 63 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the formal requirements for issuing summons by a Court, allowing for both traditional written forms and modern electronic communications. Each form must include specific elements, such as signatures and seals, to ensure their validity.

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