section 64 of The Bharatiya Nagarik Suraksha Sanhita 2023

GOVERNMENT OF INDIA REGD. No. D. L.-33002/99 Delhi Gazette SG-DL-E-04032025-261445 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 72] DELHI, FRIDAY, FEBRUARY 28, 2025/PHALGUNA 9, 1946 [N. C. T. D. No. 424 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI HOME DEPARTMENT (HOME POLICE-II) NOTIFICATION Delhi, the 28th February, 2025 PART IV] F. No. 11/08/2024/HP-II/Part File/445 to 453.—In exercise of the powers conferred under sub sections (1) and (2) of section 64 of The Bharatiya Nagarik Suraksha Sanhita, 2023, read with Notification bearing S.O. No. 2506(E), dated 28.06.2024 of the Ministry of Home Affairs, Government of India, New Delhi, the Lieutenant Governor of NCT of Delhi hereby makes following rules, namely:- 1. Short title and commencement- (i) These rules may be called the ‘Delhi BNSS (Service of Summons) Rules, 2025'. (ii) They shall extend to whole of National Capital Territory of Delhi. (iii) They shall come into force on the date of their publication in the Delhi Gazette. 2. Persons authorised to effect service of summons- Every summons issued under the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be served by a police officer: Provided that, where any Court deems fit, it may order that such summons may be served or be additionally served by an official/officer of any other investigation agency or an official of the Court administration of Delhi District Courts or by an official of the Revenue department or any other department of the Government of NCT of Delhi as the Court may specify in its order. 3. Register of details: (1) The Officer In-charge of every Police Station shall cause to be maintained a register, in electronic form or otherwise, for entering the requisite particulars in respect of every person against whom summons have been issued under Chapter VI of the Bharatiya Nagarik Suraksha Sanhita, 2023, in such form as specified in Schedule-I appended to these Rules. (2) Where during the course of any inquiry, investigation or trial it appears to a police officer or to a Court that there may arise a situation where any person may have to be served with summons under the Bharatiya Nagarik Suraksha Sanhita, 2023 at that stage or at a later stage, whether as an accused or witness or otherwise, such police officer or Court may ask such person to furnish a declaration addressed to the Officer In-charge of the concerned Police Station stating the requisite particulars specified in Schedule-I with respect to such person along with an undertaking that such person shall immediately inform the Officer In-charge of the concerned Police Station in case of change in any of the particulars specified in Schedule-I. 4. Electronic Summons Delivery Centre: (1) The Delhi Police shall establish an Electronic Summons Delivery Centre in each Police Station along with requisite infrastructure, for service of summons through electronic communication under the Bharatiya Nagarik Suraksha Sanhita, 2023. (2) Every other investigation agency in National Capital Territory of Delhi shall also establish such Electronic Summons Delivery Centre in its office for service of summons through electronic communication issued under Chapter VI Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Service of Summons through Electronic Communication: (1) The Court may by order in a given case direct that summons be served upon any person through electronic communication in addition to ordinary service of summons through physical mode. Explanation 1: Wherever service is directed to be effected through electronic communication the summons may be served through e-mail, WhatsApp or any other instant messaging service as the Court may specify by order, enabling delivery of the summons in digital form on the email ID or WhatsApp number or other instant messaging service ID of the recipient, as are available in the Register maintained in accordance with Rule 3. Explanation 2: The term "Electronic Communication" in these rules shall have the same meaning as given under section 2 (i) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (2) Wherever service of summons has been directed to be effected by electronic communication, digitally generated summons, bearing the image of seal of the Court and digitally signed by the Presiding Officer of the Court or any other officer authorised by him in this shall be served upon any person. (3) The summons required to be served through electronic communication, wherever required, may be accompanied by soft copies or scanned copies of the complaint, documents, etc. (4) The summons required to be served through electronic communication shall be transmitted for service to the Electronic Summons Delivery Centre of the concerned Police Station for service and such summons shall be served through the "Electronic Communication" as defined in section 2 (i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the details of such Electronic Communications which are in use shall also be displayed on the website of Delhi Police/Investigation Agency. Provided that where in a given case any Court so directs, summons may also be served through electronic communication by the concerned Court. The details of electronic modes of communication used in the court shall be displayed on the website of the concerned District Court Complex. (5) The Court may, on being satisfied, regard being had to the mode of service adopted, the common course of human conduct and public and private business, by order declare the summons to be duly served through electronic communication. Provided that service of summons through electronic communication shall be considered as due service only where the summons issued through ordinary mode have not been returned back or have been returned back unserved or where the person required to be served resides beyond the territorial limits of the National Capital Territory of Delhi. 6. Saving of powers of the Court: Nothing in these rules shall be deemed to limit or otherwise affect the power of the Court relating to service of summons or notices or other communications as given in the Bharatiya Nagarik Suraksha Sanhita, 2023 or any other law for the time being in force. By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi RAJIV KUMAR TYAGI, Dy. Secy. (Home-I) Schedule-I (Section 64(1) of Bharatiya Nagarik Suraksha Sanhita, 2023) (Refer Rule-3) INFORMATION TO BE ENTERED IN THE REGISTER Police Station +---------+---------------+----------------+--------------------------------------------+---------------------------------------+-------------------------+---------------------------+----------------------+-----------+------------+--------------+--------------------------------+------------------------+---------------------------------------------------+---------------------------------------------------+-------------------+---------------------------------+ | FIR No. | Registered on | Under Sections | Full name of the person with aliases, if any | Name of father/ husband/ mother/ wife | Present address, if any | Permanent address, if any | Office address, if any | Phone No. | Mobile No. | Whatsapp No. | Any other instant messaging ID | E-mail address, if any | PS (with state/ Ut/ City) where currently residing | Status- Accused/ Proposed Accused/ Witness/ Any other | Name of the Court | Case Record (CNR No.), if any | +=========+===============+================+============================================+=======================================+=========================+================-----------+======================+===========+------------+==============+================================+========================+===================================================+===================================================+===================+================-----------------+ | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | +---------+---------------+----------------+--------------------------------------------+---------------------------------------+-------------------------+---------------------------+----------------------+-----------+------------+--------------+--------------------------------+------------------------+---------------------------------------------------+---------------------------------------------------+-------------------+---------------------------------+