🌐 Introduction: The Dawn of Digital Justice in Himachal Pradesh

Let’s imagine this: instead of waiting weeks for a court summons to arrive at your doorstep through a police officer, you receive it directly in your email inbox or as a WhatsApp message—digitally signed by the court and carrying its official seal. Sounds futuristic?

That future is here. With the notification of the Himachal Pradesh Electronic Processes (Issuance, Service and Execution) Rules, 2025, the state has taken a giant leap toward paperless, transparent, and efficient courts.

These rules, framed under the Bhartiya Nagrik Suraksha Sanhita, 2023, redefine how summons, warrants, and other legal processes are issued, served, and executed electronically. No longer must citizens wait endlessly for a police constable to knock on their door with a piece of paper—your email inbox, SMS, or WhatsApp may now deliver official court notices, with the same legal force as physical copies.

 These rules explain how summons, warrants, and other court documents will now be:

• Issued electronically,
• Served through email, SMS, or messaging apps, and
• Executed in both digital and physical formats.

This transformation is aimed at making justice faster, transparent, and more accessible while protecting the rights of citizens.

Definitions

The Rules define key terms to ensure clarity

(a)  CCTNS (Crime and Criminal Tracking Network and System)

A software platform used by Police for data collection and execution of instructions related to crime and criminals.

(b)  CIS (Case Information System)

A system software used by the District Judiciary and High Courts for management of case-related data.

(c)   Disclosed Electronic Mail Address

It refers to an email account that is actively used by an individual or organization to send and receive messages over the Internet. This email address is considered disclosed when it has been explicitly provided or made publicly available by the individual or organization—either directly (personally) or indirectly through a website, portal, or other communication platform.

(d)  Electronic Communication

As defined in Section 2 (1) (i) of the Sanhita (Bhartiya Nagrik Suraksha Sanhta) which says “Electronic Communication” refers to the transmission or transfer of information in any form—written, verbal, pictorial, or video—between individuals, devices, or a combination of both. This includes communication:

·       from one person to another,

·       from one device to another,

·       from a person to a device, or

·       from a device to a person.

      Such communication takes place using electronic devices, which may include telephones, mobile phones, wireless telecommunication devices, computers, audio-video players, cameras, or any other electronic device. The term also encompasses communication in any other electronic form as may be specified by notification issued by the Central Government 

(e)   e-Sign

§  Means authentication of any electronic record by a subscriber or Court, using techniques specified in the Second Schedule of the Information Technology Act, 2000 (21 of 2000).

§  Includes digital signatures.

§  Any process or report generated in electronic form, once authenticated by e-sign, shall be deemed to be signed by the person who affixed the electronic signature. 

(f)   High Court

The High Court of Judicature at Himachal Pradesh.

(g)  Process  : Includes summons, warrants, or any other forms listed in the Second Schedule of the Sanhita, with modifications as necessary depending on the circumstances of each case. These are issued for the specific purposes mentioned in the Sanhita.

(h)  Rules and Orders – Refers to the State of Himachal Pradesh Rules and Orders (Criminal).

(i)    Sanhita – Refers to the Bhartiya Nagrik Suraksha Sanhita, 2023 (Act No. 46 of 2023).

(j)   Seal – Refers to the image of the seal of the Court.

(k)   State – Means the State of Himachal Pradesh.

(l)     Summons – Refers to any summons issued under the Sanhita.

(m) Warrant – Refers to any warrant issued under the Sanhita, including both bailable and non-bailable warrants.

👉 Any words and expression used but has not defined in these rules will have the same meaning as given in:

• Bhartiya Nagarik Suraksha Sanhita, 2023
• Bhartiya Nyaya Sanhita, 2023
• Bhartiya Sakshya Adhiniyam, 2023
• Information Technology Act, 2000

Generation and Issuance of Process (Rules 1–4)

• The Courts shall generate and issue process in electronic mode through CJS in such forms as set forth in the Second Schedule of the Sanhita, with such variations as the circumstances of each case may require.
• The same shall be served by an officer of the Court issuing it.
• Where the Court does not possess required electronic address/contact details of the persons to whom such process is intended to be served, or when the process issued as per rule 3 is not served, it may direct the same to be served by a Police Officer or other Public Servant.
  Example: If the Court does not have the email or phone number of the accused, the Court may direct the local police to serve the summons physically.

Language, Encryption, and Authentication of Process (Rules 5–8)

• Language : Every process used in form of electronic communication under the Sanhita must ordinarily be written in the language of the Court.
• Encryption : The process shall be in an encrypted form of electronic communication and shall bear the image of the seal of the Court and eSign.
• Authentication: Every process issued electronically shall contain eSign in such a manner that the name of the Court and the capacity in which the signatory or subscriber acts is clearly mentioned.

Summons generated in electronic form shall bear the image of the seal of the Court and eSign of the appropriate officer of the Court or any person authorized in writing.

Warrants of arrest in electronic form shall be issued by eSign of the Presiding Officer of the Court and shall also bear the seal of the Court.

Recording and Maintenance of Contact Information (Rules 9–12)

📌 Responsibility of Officer-in-Charge for Recording Verified Details

👉 The Officer-in-Charge of the Police Station shall ensure that the following verified particulars of the accused or witnesses are recorded at the time of arrest, investigation, or inquiry:

§  🏠 Residential Address

§  📧 Disclosed Electronic Mail Address

§  📞 Phone Number

§  💬 Messaging Application Used

⚖️ Such responsibilities arise only in cases which are cognizable, or in non-cognizable cases where the police officer has been duly authorised by a competent court.

🗂 Entry of Details in Official Records

✅ Such verified details must be entered:

§  In the Crime and Criminal Tracking Network and Systems (CCTNS), and

§  In the Register maintained under Section 64(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

📜 Connection with Section 64(1) BNSS

🔹 Section 64(1) of the Sanhita provides:

      “Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf (rules framed under this notification), by an officer of the Court issuing it or other public servant:

Provided that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide.”

👉 Thus, the obligation of maintaining verified details of the accused or witnesses under arrest, investigation, or inquiry is directly linked with this statutory requirement, ensuring proper service of summons and other communications.

✍ Endorsement in Case of Non-Availability

📑 If any such details are not available, the Officer-in-Charge shall make a clear endorsement to that effect in the Register.

🔄 Updating of Details

📌 The particulars so recorded may be amended or updated:

• on the basis of further verification by police, or
• on the basis of an application by such person.

📝Responsibility of Complainant in case of Private Complaint under BNSS

🔹 A private complaint is an allegation made to a Magistrate, either orally or in writing, with the intent of initiating legal action against a person accused of committing an offence.
🔹 Unlike a police report, a private complaint is initiated by an individual complainant rather than law enforcement agencies.

📌 The provisions relating to private complaints are contained under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

📌 Verified Details to be Provided by Complainant

👉 In cases filed on the basis of a private complaint, the complainant shall provide the following details of the accused and witnesses along with the complaint:

§  🏠 Residential Address

§  📧 Disclosed Electronic Mail Address

§  📞 Phone Number

§  💬 Messaging Application Used

⚖️ If any such details are unavailable, the complainant shall make an endorsement to that effect.

🌐 Electronic Transmission and Record:

These particulars shall be:

·       transmitted in electronic form,

·       maintained on the Centralised Criminal Justice System (CCJS), and

·       utilised for the issuance of process.

      📑 Such digital information shall form part of the Register under Section 64 of the    BNSS.

      🔒 Safeguarding of Victim and Witness Information

      🚫 To protect privacy and security, the email address, phone number, and        messaging application details of the victim and witnesses shall not be disclosed to the accused.

📡 Service of Process through Electronic Communication (Rules 12–16)

📩 Forwarding of Summons

• Upon receipt of summons under Rule 4, the Officer-in-Charge or deputed subordinate officer may forward the summons to the disclosed electronic mail address, phone number, or messaging application of the person summoned.

📧 Service via Email

• Service shall be deemed effected if the service provider generates an acknowledgment of delivery.
• If the summons is sent to a disclosed email address and is neither disrupted nor bounced back, service shall be deemed effected at the time the email would ordinarily be delivered, unless the contrary is proved.

💬 Service via Messaging Applications

• Service through other electronic communication (e.g., WhatsApp, Signal, etc.) shall include a report containing:
• 📱 Mobile number
• 💬 Application used
• 📷 Screenshot/photograph of delivery confirmation
• Such delivery may be treated as due service.
• A copy of the summons/process, along with the report of e-service, shall be maintained as proof of service.

👉 Interactive Example:

You get a WhatsApp message: “You are summoned to appear before Court on 25th September.”
It shows a ✅✅ (delivered) or ✅✅ (blue ticks, read). Police capture this screenshot, and the court treats it as proof you received the summons.

✅ Meaning of Acknowledgment

Acknowledgment under these rules includes:

• 📥 Any communication from the addressee (automated or manual), or
• 👤 Any conduct of the addressee sufficient to indicate receipt of the electronic record.

🗂 When Verified Details Are Unavailable

• If verified details are not available, the Officer-in-Charge shall:
• make an entry in the Register,
• take a printout of the electronic summons in duplicate, and
• execute it as per the procedure under the Sanhita.

⚠️ Disruption or Failed Delivery

• If delivery is disrupted or undelivered, the officer shall prepare a report containing:
• 📱 Mobile number,
• 💬 Messaging application used, and
• 📷 Screenshots/photos of delivery attempts.
• Thereafter, the officer may proceed according to the applicable process under BNSS that is physical serving of summons.

Example: Electronic Service of Summons

Scenario:

• A person, Mr. Sharma, is accused of an offence under BNSS.
• The police have his email, phone number, and WhatsApp ID from prior records.

Step 1 – Forwarding the Summons:

• The Officer-in-Charge forwards the summons via:
• 📧 Email to mr.sharma@email.com
• 💬 WhatsApp message to +91-9876543210

Step 2 – Acknowledgment of Delivery:

• The email system generates a delivery receipt, confirming the email was successfully delivered.
• The WhatsApp message shows a double blue tick, confirming receipt.

Step 3 – Entry in Records:

• The officer records these details in CCJS and the Register under Section 64 BNSS, attaching the screenshots as proof.

Step 4 – Handling Missing Details:

• If Mr. Sharma’s messaging app was unavailable or the number invalid, the officer:
• prints the electronic summons in duplicate,
• makes an endorsement in the register, and
• proceeds with the alternate service procedure under BNSS.

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⚖️ Execution of Warrants and Other Processes (Rules 17–20)

🖨️ Printing and Execution of Electronically Issued Process

• Any warrant or process issued electronically shall be:
• printed by the Officer-in-Charge or a deputed police officer, and
• executed in accordance with the Sanhita and applicable rules.

✍️ Manual Execution

• If the process is executed manually, the officer shall:
• obtain acknowledgment from the recipient, and
• may capture photographs, which will form part of the service report. 

🌐 Transmission of Service Report

• Upon due service or non-service of a warrant, the serving officer of the concerned Police Station shall transmit:
• the service report, along with
• relevant documents including bail bonds, photographs, and acknowledgment (if any),
• It shall be transmitted electronically to the concerned Court via CCTNS/NSTEP.

🏛️ Court Action and Legal Validity

• The Court, upon receiving the electronic report under rule 19, may act as deemed appropriate.
• Electronic reports or printouts are deemed originals for all purposes, including satisfaction as service/execution of process.

👩‍👧 Special Considerations for Offences Against Women and Children (Rule 21)

• In cases relating to offences against women or children, or under the POCSO Act, 2012 and Juvenile Justice Act, 2015, the officer must ensure:
• 🔒 Confidentiality of the victim’s identity is maintained at all stages.
• 📜 During service or execution of process, no information revealing the victim’s identity shall be disclosed.
• This measure ensures protection, safety, and privacy of vulnerable victims while complying with statutory provisions.

 Extra Safeguards

• These rules add to existing High Court and criminal procedure rules.
• They do not replace or cancel earlier laws—they just make them digital.