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what Cr Code of summons apply for pre-July 2024 cases


21-Oct-2025 (In Criminal Law)
IPC not support summons via digital means, but BNS 2023 support electronic service of summons. If matter is pre-Jul 2024 IPC private complaint and not BNS 2023, what Cr code applies to service of summons.
Answers (4)

Answer #1
599 votes
Section 531 of the BNSS explicitly provides a saving clause: any appeal, inquiry, trial, or investigation pending before July 1, 2024, must be disposed of in accordance with the CrPC, 1973, as it stood before commencement of the BNSS. Hence, all IPC-based cases (including private complaints) filed or continuing from before that date remain subject to CrPC procedure for all stages, including service of summons.​ Procedure under CrPC Under Sections 61–69 of the CrPC, service of summons must ordinarily be by personal delivery or registered post, executed by a police officer or other authorized public servant. Specifically: Section 62(1) allows service by a police officer, court officer, or authorized public servant. Section 62(2) requires personal service of the summons on the individual named in it and acknowledgment by signature.​ Section 64 CrPC permits substituted service on an adult household member when the person summoned cannot be found. CrPC, 1973 does not recognize service via electronic communication.
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Advocate Shreya Kapoor

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Answer #2
781 votes
If the matter is before 1 july 2024 or FIR was registered before 1 July 2024 , IPC will be applicable However afterAfter 1 July BNS became effective. But Please clarify your problem . For more discussion and consultation . Please feel free to connect
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Advocate Anuj Ranjan

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Answer #3
607 votes
If the criminal case or complaint was filed, or the offence occurred, before 1 July 2024, it will continue under the old Code of Criminal Procedure, 1973, because the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) applies only to cases arising after its commencement. The old CrPC does not recognise electronic or digital service of summons; instead, it requires physical delivery through a police officer or process server, either personally to the accused, to an adult family member, or by affixing it at the residence if the person is unavailable. Therefore, in all pre-July 2024 matters governed by the IPC and CrPC, summons must be served physically, and the new BNSS provision allowing electronic service cannot be applied retroactively.
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Advocate Aditya Kumar

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Answer #4
691 votes
Since your matter is a pre-July 2024 private complaint filed under the IPC, the procedural law applicable is CrPC, 1973, not BNSS. Therefore, service of summons must follow CrPC provisions and any supplementary directions of the concerned High Cour
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Advocate Madhvi Chopra

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