Section 71 of BNSS : Section 71: Service of summons on witness.

Explanation using Example

Example 1:

Rajesh is a key witness in a fraud case being heard in a Mumbai court. The court needs Rajesh to appear and testify. According to Section 71 of The Bharatiya Nagarik Suraksha Sanhita 2023, the court issues a summons to Rajesh. In addition to the traditional method of sending the summons through a court officer, the court also sends a copy of the summons to Rajesh via registered post to his home address in Pune and via email to his registered email address.

A few days later, the court receives an acknowledgement receipt signed by Rajesh confirming that he has received the summons via registered post. Additionally, the court receives a delivery confirmation from the email service indicating that the email was successfully delivered to Rajesh's email address. Based on these confirmations, the court deems that the summons has been duly served, and Rajesh is expected to appear in court on the specified date.

Example 2:

Priya is a witness in a civil dispute case in a Delhi court. The court issues a summons for Priya to appear and testify. The court sends the summons through a court officer and simultaneously sends a copy via registered post to her office address in Gurgaon and via WhatsApp to her registered mobile number.

When the court officer attempts to deliver the summons, Priya refuses to accept it. However, the court receives an endorsement from the postal employee stating that Priya refused to take delivery of the registered post. Additionally, the court receives a read receipt from WhatsApp indicating that Priya has read the message containing the summons.

Based on the postal employee's endorsement and the WhatsApp read receipt, the court deems that the summons has been duly served. Priya is now legally obligated to appear in court on the specified date, despite her initial refusal to accept the summons.