Statutory E-Summons Service Introduced in Kerala Criminal Cases
For Criminal Cases
A summons in a criminal case is a formal court order requiring a person to appear at a specified time and place, either as an accused or a witness, or to produce documents.
The summons must be in writing, signed by a court official, bear the court’s seal, and contain clear details about the court, date, and time of appearance.
It is intended to ensure fair proceedings by providing the individual with a notice of the complaint or allegations against them and an opportunity to present their defense.
In criminal cases in Kerala, summons has been primarily served by the police personally or by registered post or speed post.
Under the new Kerala Procedure for Service of Summons Rules, 2025, framed under Section 64 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police can serve summons directly, or via electronic methods (Email, WhatsApp, or Telegram) upon receipt at the police station.
On receipt of a summons, the officer in charge of the police station entrusts it to police personnel for service. The officer in charge ensures the summons is served and returns the report of service to the issuing court. If served electronically, a printout must be taken and forwarded to the court, attested by the officer in charge.
For Civil Cases
For civil courts, the High Court directs that registered post with acknowledgment due is the primary method for most cases. In urgent cases or when necessary, summons can be served via electronic means or by a process server as prescribed by the Code of Civil Procedure. The cost for service via registered post or speed post is borne by the plaintiff.
Substituted Service for Summons
If the person cannot be found and refuses to acknowledge service, the court can order substituted service by affixing a copy of the summons to the house where the person ordinarily resides.
