Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 71: Service of summons on witness by post
(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 had been duly served.
Brefe Detail
Section 71 allows a Court to issue summons to a witness not only through traditional means but also via electronic communication or registered post. This ensures that witnesses are adequately notified of their obligations to appear, even when they may not receive a physical copy directly.
Question & Answers
Q: What methods can a Court use to serve a summons to a witness?
A: A Court can serve a summons to a witness by electronic communication or by registered post, in addition to issuing a traditional summons.
Q: How is the service of summons deemed complete?
A: The service is considered complete if an acknowledgement signed by the witness is received, or if there is an endorsement from a postal employee indicating the witness refused delivery, or if proof of delivery is provided as per section 70.
Q: What is the significance of section 71?
A: Section 71 expands the methods of serving summons to witnesses, ensuring that they are informed of their obligations regardless of their location.
Example
1. A witness residing in another city receives a summons via registered post and an electronic copy simultaneously.
2. If the postal employee notes that the witness refused to accept the summons, the Court can still deem the summons served based on this endorsement.
Summary
Section 71 of the Bharatiya Nagarik Suraksha Sanhita provides flexibility in serving summons to witnesses, allowing for both electronic and postal methods. This aims to enhance the efficiency and reliability of notifying witnesses about their legal obligations.
