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Courts can issue summons, warrants on cellphones

PANAJI

The State government has notified rules to facilitate courts to issue and serve summons, warrants, and other judicial processes electronically under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Titled the ‘Goa Electronic Processes (Issuance, Service and Execution) Rules, 2025’, the notification comes into effect after consultation with the High Court of Bombay at Goa, paving the way for digital handling of judicial processes through the Case Information System (CIS).

According to the notified rules, all courts in Goa will generate and issue summons, warrants, and other notices electronically in prescribed formats, encrypted and digitally signed, bearing the seal and eSign of the competent court authority. These processes will be transmitted through secure systems and can be served via email or messaging apps.

In cases where the court lacks the electronic contact details of the recipient, or electronic service fails, the court may direct police or another public servant to serve the summons or warrant physically.

The rules make it mandatory for police to collect and record the electronic contact details such as email, phone number, and messaging application of accused persons and witnesses during arrest, investigation or inquiry. This data is to be updated in the CCTNS (Crime and Criminal Tracking Network & Systems) and a dedicated register at every police station, in accordance with Section 64 of the BNS.

Where private complaints are filed, complainants must also provide the electronic details of the accused and witnesses, or declare unavailability. These details will be used for service of process and stored digitally within CIS records.

“If any of such information is not available, the complainant shall make an endorsement to that effect. The details relating to address, disclosed electronic mail address, phone number and messaging application shall be transmitted in electronic form and maintained in CIS and may be used for issuance of process. Such digital information shall form part of the register under Section 64 of the BNS. The details relating to disclosed electronic mail address, phone number and messaging application of the victim and witnesses shall not be disclosed to the accused,” it added.

Delivery of summons by email will be deemed valid if an acknowledgment is generated or no bounce-back is received. Summons served via messaging apps will require screenshots or other proof of delivery, which must be recorded and preserved.

“Such delivery may be deemed to be due service of summons/process and a copy of such summons/process along with report of service shall be kept in record as a proof of service of summons/process,” it said. 


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