CrPC Amendment Allowing Electronic Service Of Summons Notified In Kerala

Kerala Government has notified the Code of Criminal Procedure (Kerala Second Amendment) Act, 2023 providing for summons to be served electronically, in addition to the other modes. 

The Bill amends Sections 62 and 91 of the Code of Criminal Procedure (Cr.P.C.), which stipulates the procedure for serving summons, and summons to produce document or other thing, respectively. 

The Bill was sought to be introduced consequent to the directions of the Apex Court.

During the COVID-19 Pandemic, the Supreme Court had allowed the service of notices, summons and pleadings etc via e-mail, FAX, telemessenger services such as Whatsapp, Telegram, Signal etc., taking note of the difficulties for physical service of summons due to lockdown and the pandemic. 

The State Police Chief had also informed about serious health hazards in following the conventional mode of service of summons. Additionally, it was also noted that electronic methods used to effect summons were more convenient and effective in locating persons who were deliberately trying to avoid the service.

"The service of summons is also a very important function of the Police, but the same cannot be discharged by the Police to the extent desired all over the State. Hence, the service of summons could be made possible through e-mail, in order to avoid delay that can be occasioned under the present circumstance," the Objects Clause of the Bill reads.