(1) Where summons are served by way of electronic mail, the electronic mail service provider shall be used in such a manner so as to generate acknowledgment and such acknowledgment shall form part of the report of service.
(2) When any process is sent to a person or organization on recognized electronic mail address, unless the delivery of the electronic mail is disrupted or bounced back for any reason whatsoever, or a "return to sender", "bounced back" or "error" message is received from mail server, the delivery may be deemed to be effected, at the time at which the electronic mail would be delivered in the ordinary course of email, unless contrary is proved.
Explanation: The ordinary course of email may be determined in accordance with section 13 of The Information Technology Act, 2000.
(3) Where summons are served by way of any other electronic communication including messaging application, the acknowledgment shall form part of the report of the service and the report shall contain details including mobile number, messaging application and screenshot/photo of the application reflecting delivery of the communication.
(4) Such delivery shall be deemed to be due service of summons/process and a copy of such summons/process along with report of service shall be kept in record as a proof of service of summons/process..
Explanation: Acknowledgment under this rule includes an acknowledgment given by,-
(i) any communication by the addressee, automated or otherwise; or
(ii) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received.
(5) Where any process is served or executed otherwise through electronic mode, the Police Officer while making service or executing the process shall capture photographs and take acknowledgment of the recipient, which shall form part of the report of the service.