Law and You >Procedural Laws > BNSS > Concept Applications 6.2.1 : Service of Summons ( 2 Marks)
Service of Summons (2 Marks Questions)
Answer in One to Two Sentences
Q1. What is a summons under the BNSS, and when may it be issued?
Summons is a legal document issued from the office of the court of Justice calling upon the person to whom it is directed to attend before a Judge or officer of court at a specified time and place for a certain purpose.
Q2. Why there is a need to issue summons?
Summons is issued:
- To inform a person, when a legal action is taken against him i.e. to inform accused.
- To inform a person that he is required to appear in the court as a witness in a proceeding at specified time.
- To inform person for producing a document or thing.
Q3. What are the essentials of valid summons?
According to Section 63 BNSS, the essentials of valid summons are:
- It must be in writing;
- It must be in duplicate form;
- It must be signed and sealed by the presiding officer of the court or such other officer authorized by the High Court;
- It must mention the time and place where attendance of person summoned required; and
- it must bear the seal of the court.
- If the summon is in an encrypted or any other form of electronic communication then it shall bear the image of the seal of the Court or digital signature.
Q4. Which are the different methods of service of summons?
Service of summons can be made by following ways:
- By personal service under Section 64 of BNSS
- By service on corporate bodies and societies under Section 65 of BNSS
- By extended service when a person summoned cannot be found under Section 66 of BNSS
- Procedure when Service Cannot be Effected as Before Provided under S. 67 of BNSS
- By Service on Government servant under Section 68 of BNSS
- By Service of summons outside local limits under Section 69 of BNSS
Q5. Who can serve the summons under S. 64 of BNSS?
A police officer, or an officer of the Court, or other public servant can issue summons under Section 64 BNSS
Q6. How is summons to company, firms, and societies served?
Under Section 65 BNSS, service of a summons on a company or corporation may be effected by serving it on the Director, Manager, Secretary or other officer of the company or corporation by sending registered post addressed to the Director, Manager, Secretary or other officer of the company or corporation in India by post.
Q7. To whom Summons under S. 65 of BNSS can be served?
Under S. 65 BNSS summons can be served on director; or manager; or secretary; or other officer of the company; or corporation secretary.
Q8. Explain method of service of summons, when persons summoned cannot be found.
Under Section 66 BNSS, when persons summoned cannot be found, then the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him. Such person must be adult, not insane, not intoxicated and should be residing with the person summoned. The servant is not included.
Q9. Explain method of service of summons under Section 67 BNSS.
To serve summons under Section 67, the police officer should justify that he had taken proper efforts to serve it as prescribed in Section 64 and then Under 66 and failed to serve. Under Section 67 of the Sanhita, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead where the person summoned resides ordinarily.
Q10. What is method of serving summons on a Government Servant?
Under Section 68 BNSS, the summons in duplicate shall ordinarily be sent to the Head of the office in which such person is employed. Now, the head of the office is bound to serve it to such person as specified under 64 of the Sanhita.
Q11. How is summons serviced outside the local limits?
Under Section 69 BNSS, the Court should send such summons in duplicate a Magistrate under whose jurisdiction the person resides. The Magistrate under whose jurisdiction the person resides issue it to concerned police officer to serve it.
Q12. What is the method to give proof of service of summons outside local limits and when serving officer is not present?
Under Section 70(1) BNSS, when a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has 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.
Q13. What is the evidentiary value of the proof of service of summons outside local limits and when serving officer is not present?
Under Section 70(1) BNSS, the affidavit of service of the summons by the serving officer 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.
Related Topics:
- Summons and Its Service (S. 63 to 71)
- Warrant of Arrest (Ss. 72 to 79)
- Execution of Warrant Outside Jurisdiction (Ss. 80 to 83)
- Proclamation and attachment (Ss. 84-89)
- Other rules regarding processes (Ss. 90-93)