Haryana Summons (Service Through Electronic Communication) Rules, 2025

[14th February 2025]

PREAMBLE

In exercise of the powers conferred under sub-sections (1) and (2) of section 64 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023), the Governor of Haryana hereby makes the following rules for ensuring service of summons through electronic communication, namely: -

Rule 1. Short title and commencement.

(1)     These rules may be called the Haryana Summons (Service Through Electronic Communication) Rules, 2025.

(2)     They shall come into force from the date of their publication in the Official Gazette.

Rule 2. Definitions.

(1)     In these rules, unless the context otherwise requires, -

(a)      "District Nodal Agency" means the District Nodal Agency constituted under rule 5 of these rules;

(b)      "electronic signature" means authentication of any electronic record by a subscriber or court, by means of an electronic technique specified in the Second Schedule of the Information Technology Act, 2000 (Central Act 21 of 2000) and includes digital signature. Also, when a process or report generated in electronic form is authenticated by means of electronic signature, it shall be deemed to be authenticated by signature of the person who affixed the electronic signature;

(c)      "Sanhita" means the Bhartiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023);

(d)      "State Government" means the Government of the State of Haryana in the Administrative Department;

(e)      "State Nodal Agency" means the State Nodal Agency constituted under rule 3 of these rules;

(f)       "summons" means every summon including summons through electronic communication, issued by a Court under the Sanhita;

(g)      "summons cell" means the summons cell as constituted under rule 7 of these rules.

(2)     Words and expressions used herein and not defined in these rules shall have the same meaning as assigned to them in the Sanhita, the Bhartiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) and the Information Technology Act, 2000 (Central Act 21 of 2000).

Rule 3. State Nodal Agency.

There shall be a State Nodal Agency comprising of the following officers namely: -

(1)     Inspector General of Police (Law and Order): Chairperson

(2)     Additional Director (HQ)/District Attorney (HQ) of Prosecution Department: Member

(3)     Assistant Inspector General of Police (Administration): Member Secretary

Rule 4. Role of State Nodal Agency.

(1)     The State Nodal Agency shall monitor and review the working of the District Nodal Agencies.

(2)     The State Nodal Agency shall hold regular meetings, at least once in every month.

(3)     The State Nodal Agency may issue, from time to time, such directions or guidelines or clarification, not inconsistent with the Sanhita or these rules, as may be necessary for efficient and effective service of summons through electronic communication.

Rule 5. District Nodal Agency.

There shall be a District Nodal Agency in every District in the State consisting of the following officers, namely: -

(1)     Deputy Commissioner of Police (HQ)/Superintendent of Police: Chairperson

(2)     Deputy Director of Prosecution/Assistant Director of Prosecution/District Attorney: Member

(3)     Assistant Commissioner of Police/Deputy Superintendent of Police (Supervisory Officer of Summons Cell): Member Secretary

Rule 6. Role of District Nodal Agency.

(1)     The District Nodal Agency shall monitor and review the working of summons cell.

(2)     The District Nodal Agency shall ensure that summons are served properly and timely by the summons cell.

(3)     The District Nodal Agency shall hold regular meetings, at least once in every month.

(4)     The District Nodal Agency may issue instructions to the summons cell as may be necessary, in consonance with the directions or guidelines etc. issued by the State Nodal Agency and the provisions of these rules and the Sanhita, for proper and timely service of summons.

Rule 7. Summons cell.

There shall be a summons cell at the District level headed by a police officer not below the rank of Sub-Inspector and shall comprise of sufficient number of police officials, to ensure the timely service of summons issued by the Courts under the Sanhita.

Rule 8. Duties of summons cell.

(1)     The summons cell shall be responsible for proper and timely service of summons.

(2)     The Summons Cell shall maintain a record of all summons for each police station in the district in Register no. V Part II prescribed under rule 22.55 of the Punjab Police Rules, 1934 as applicable to the State of Haryana including the following information, namely: -

(i)       Name of the person summoned

(ii)      Correspondence and permanent address of the persons summoned

(iii)     Name of father/mother/spouse/adult member of family of person summoned

(iv)    Aadhar number of the person summoned

(v)      Mobile number of the person summoned

(vi)    E-mail ID (if any)

(vii)   Name of the Court issuing the summon

(viii)  Particulars of case including CNR Number (if any), FIR Number, Police Station etc.

(ix)    Date of issue of summon

(x)      Date of receiving of summon by the summons cell

(xi)    Date of Appearance in the court, as mentioned in the summon

(xii)   Whether served or not. If not served, reasons thereof

(xiii)  Date of service of summon

(xiv)  Details of the person upon whom the summon was served

(xv)   Mode of service (physically or through electronic communication)

(xvi)  Name of the means of electronic communication

(xvii) Remarks, if any.

(3)     The register under this rule shall be maintained either in electronic form or physical form or both.

Rule 9. Officers or official authorized to serve summon.

Besides a police officer, summons may also be served by the Bailiff or Process Server or other officer of the Court, or any public servant designated for the said purpose by the State Government.

Rule 10. Service of summons by electronic communication.

(1)     Summons issued under the Sanhita should be served by electronic communication, as far as practicable, as prescribed under relevant provisions of the Sanhita.

(2)     The form and manner of service of summons by electronic communication may be as prescribed by the National Crime Records Bureau, Ministry of Home Affairs, Government of India, through the e-summons application or any other software application developed and updated by it, from time to time.

(3)     Where a summon is served by way of any electronic communication other than e-summon application, the screenshot/photo of the application reflecting delivery of the summon may also be treated as acknowledgement of service of the summon.

(4)     Acknowledgement of the service of summons through electronic communications shall be treated as receipt within the meaning of sub-section (3) of section 64 of the Sanhita which shall further be treated as a proof of service of summons.

(5)     In case email address/contact number or messaging application relating to the person summoned are not available, the summon serving official/person shall make an entry in this regard in the remarks column in the format prescribed under rule 8 and after taking printouts in duplicate of the summon issued in electronic mode, shall execute the same in accordance with the procedure prescribed under Chapter VI of the Sanhita.

Rule 11. Repeal and saving.

Any rule, policy or guidelines regarding service of summons issued by the State Government prior to the commencement of these rules are hereby repealed to the effect and extent to their inconsistency with these rules.