BNSS Section 63: Form of a summons (2026)

Explainer · Criminal Procedure · BNSS

Updated for 2026 · Claw Editorial

The form of a court summons is governed by Section 63 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new procedure code in force since 1 July 2024. Section 63 replaced Section 61 of the Code of Criminal Procedure (CrPC). A summons must be in writing, in duplicate, signed and sealed by the court, and it may now also be issued in an electronic form that carries the image of the court seal. If you still look up "Section 61 CrPC", this is the provision you now need. Last verified October 2026.

01Why the section number changed

For decades the form of a summons sat in Section 61 of the CrPC. Since 1 July 2024 the CrPC is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the same rule now lives in Section 63. The words are almost the same, but the number is new.

This matters in daily practice. A summons issued in a matter governed by the BNSS cites Section 63, not Section 61. Older proceedings that began under the CrPC continue under the old numbers, because of the savings rule in the BNSS. So for some time you will see both numbers in live files, and you need to read each one correctly.

02What Section 63 requires

Section 63 tells you how a summons must look before it can be served. Every summons issued by a court must meet these basic requirements:

• it must be in writing;
• it must be in duplicate (two copies);
• it must be signed by the presiding officer of the court, or by another officer the High Court may by rule direct; and
• it must bear the seal of the court.

These rules exist so that the person summoned, and the officer serving it, can be sure the document is genuine and comes from the court. A summons that is not signed or sealed is open to challenge.

03The new electronic summons

The real change in Section 63 is the clear path for an electronic summons. Alongside the traditional written summons, the section allows a summons to be served in an encrypted or any other form of electronic communication, and this electronic summons must bear the image of the seal of the court.

This fits the wider push in the BNSS towards digital process, including electronic service and records. In practice it can speed up service and cut down on repeated trips to serve paper. Read it with the general rules on electronic service of summons in the same chapter.

04Old to new: CrPC 61 to BNSS 63

Section 61 of the CrPC is now Section 63 of the BNSS. The core requirements, writing, duplicate, signature and seal, are carried over. The addition is the electronic form.

Nearby provisions set out who serves the summons and how. Service on a company or other corporate body has its own rule, which you can read in Section 65 of the BNSS.

05Is it an offence? Classification

Section 63 does not create an offence, so there is no question of it being cognizable, bailable, or triable by any particular court. It is a procedural rule about the form of a document.

The cognizable, bailable and triable labels attach to the offence for which a person is summoned, not to the summons itself. To find those labels for a given offence, you read the First Schedule to the BNSS for that offence.

06What changed from the old law

For a paper summons, almost nothing changed except the number. The writing, duplicate, signature and seal requirements are the same as under Section 61 of the CrPC, so older practice and case law on a defective summons still guide how Section 63 is read.

The substantive change is the express electronic summons that carries the image of the court seal. This is new text, so how courts treat proof of electronic service is worth watching. Service on companies and firms has its own route in Section 65 of the BNSS.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A summons is only the first step; the matter behind it runs through appearance, the framing of issues or charge, evidence and often appeal, in courts across India every day. Claw indexes 30 crore+ judgments and lets you track the cases, orders and hearings on such a matter across 9,102 courts, benches and forums, with every search answered in under 5 seconds. You can see how a court treated a defective or electronic summons under Section 63 or the old Section 61, or follow a live matter by party or advocate name.

Claw does not use customer case documents to train its AI models, so your searches stay private. Open a free Claw account to study how courts have handled service and summons questions, or to follow a matter from the first notice onward. To search the wider body of law, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNSS, 2023): indiacode.nic.in
• Section 63, BNSS (bare text): advocatekhoj.com
• Section 61, CrPC (old provision): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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