Service of Summons via Email, Messaging Apps Shall Be Presumed Valid Unless Bounced Back: Haryana Notifies Rules Under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS)

“Where summons are served by way of electronic mail… delivery shall be deemed to be effected, unless the contrary is proved” — Haryana Government’s new rules mark a decisive shift towards digitization in criminal procedure, enhancing efficiency and accountability. On October 1, 2025, the Government of Haryana issued a landmark notification introducing the Haryana Electronic Processes (Issuance, Service and Execution) Rules, 2025, under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). These rules operationalize electronic summons, warrants, and process execution through digital platforms such as CCTNS and e-summons applications, aiming to modernize criminal procedure with encrypted, e-signed court communications. The rules are notified in the official Gazette and are effective from the date of publication.

“Printouts of e-processes shall have same effect as originals” – Legal Presumption Introduced for Electronic Court Documents

Towards a Digital Criminal Justice System

In a first-of-its-kind procedural overhaul post the enactment of BNSS 2023, the Home Department of Haryana has framed detailed rules facilitating the issuance and execution of summons, warrants, and other court processes electronically. The rules are designed to streamline, digitize, and secure criminal justice communication between courts, police, and parties, while also introducing legal presumptions around service and execution.

These rules are significant as they implement Sections 64(1) and (2) and 530(i) of the BNSS 2023, and integrate with technologies enabled under the Information Technology Act, 2000.

The notification follows the national legislative reform that saw the Code of Criminal Procedure, 1973, being replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This legislative overhaul emphasized technological integration in criminal procedure. In this context, Haryana becomes one of the first states to concretely implement electronic service mechanisms under the BNSS.

The Haryana Summons (Service Through Electronic Communication) Rules, 2025, previously notified, stand repealed by these new comprehensive rules. The 2025 rules not only continue the digitization trajectory but introduce nodal agencies, presumptions of service, mandatory data recording, and detailed documentation protocols for service of processes.

The primary legal issue these rules address is the manner and legal validity of electronic service of summons and warrants, and how courts and police can coordinate through electronic systems to ensure timely execution of criminal process.

The rules draw power from the newly enacted BNSS, 2023, especially Section 64 (issuance of process) and Section 530(i) (rule-making power), in conjunction with the Information Technology Act, 2000, particularly regarding eSign and authentication of electronic records.

Key legal mechanisms clarified include:

• Definition of “process” under Rule 2(i), which includes summons, warrants, or any document under the BNSS.

• eSignatures and court seals under Rule 6, ensuring every e-summon or warrant is legally authenticated.

• Presumption under Rule 7: If a court process is received via CCTNS or e-summons app “through a secured system”, it “shall be presumed to be issued by the court.”

• Presumption under Rule 18 and Rule 19: Once a service provider generates acknowledgment, the electronic delivery is presumed complete unless proven otherwise.

Details of the Rules and Operational Mechanism

The rules are meticulous in defining how electronic processes must be issued, served, and executed:

• Courts shall issue processes via CIS, CCTNS, or any app developed by NCRB or the State Government (Rule 3).

• Where the court lacks digital contact info of a party, it may direct the summons cell or police to serve the process (Rule 4).

• All electronic communication must be encrypted, bear court seal, and eSign (Rules 5-6).

Legal Presumption of Service – Rule 18:

“When any summon is sent to a person or organization on disclosed electronic mail address, unless the delivery… is disrupted or bounced back… the delivery shall be deemed to be effected.”

This is a crucial legal innovation, creating a statutory presumption of service that can only be rebutted by concrete proof. The explanation defines acknowledgment to include “any communication or conduct of the addressee… sufficient to indicate receipt.”

Similarly, Rule 19 applies the same principle for messaging applications such as WhatsApp, where screenshots or conduct confirming delivery would constitute valid service.

Institutional Mechanisms: Nodal Agencies and Summons Cells

To implement these electronic processes, the rules establish statewide and district-level institutional structures:

• State Nodal Agency (Rule 11): Headed by the Inspector General of Police (Law & Order), includes representatives from Prosecution and Legal departments.

• District Nodal Agency (Rule 13): Led by Superintendent of Police/Deputy Commissioner of Police, with judicial officers and prosecution officials.

These agencies are tasked with monitoring, guiding, and reviewing the electronic service of processes. They are required to meet at least once a month and can issue operational instructions.

The Summons Cell (Rule 15) is a dedicated team at the district level, led by a police officer not below the rank of Sub-Inspector, responsible for executing the service of court processes, and maintaining detailed records.

Rule 16 mandates a comprehensive register for each police station, recording:

• Details of the person summoned

• Aadhaar, contact info, email, court name

• Date of issue, receipt, execution

• Mode of service (email, app, or physical)

This extensive data tracking aims to introduce transparency and traceability into the process-serving regime.

Special Provisions for Sensitive Cases

The rules incorporate privacy safeguards, particularly for vulnerable persons:

• Rule 26 mandates anonymity of victims in offences against women, children, and under laws such as POCSO Act and JJ Act.

• Rule 27 prohibits disclosure of victim/witness contact details to the accused.

This addresses concerns around secondary victimization, ensuring technology does not compromise confidentiality.

Execution of Warrants and Other Processes

Where warrants or other processes need to be served in person, the rules (Rule 22) require officials to print the e-document and execute it per BNSS provisions.

For physical service, Rule 23 prescribes that photographs and acknowledgments must be collected to serve as proof. Reports of service, including bail bonds or screenshots, must be uploaded electronically (Rule 24), and courts may act upon them as if original documents (Rule 25).

Haryana Sets National Precedent for Electronic Criminal Procedure

With the notification of the Haryana Electronic Processes Rules, 2025, the State has taken a pioneering step in implementing the technological vision of the BNSS. By enabling secure, encrypted, and legally presumed electronic service of court processes, Haryana’s framework reduces procedural delays, enhances transparency, and establishes institutional accountability through Nodal Agencies and Summons Cells.

This also potentially sets a national precedent for other states to follow, as India's criminal justice system transitions into the digital age under the new Sanhitas.

Date of Notification: October 1, 2025

Haryana Electronic Processes (Issuance, Service and Execution) Rules, 2025

Authority: Government of Haryana, Home Department

Legal Basis: Section 64(1), (2) and Section 530(i), Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023)