FT givLus i5inRT H.aT-uArD07DDNi3Or2024,2026 i3-::i:i <I<s| u.::15 q{qFT{ gli{T i;:Il-i:I;i.fsl tlan8rm fro, titFT, 30 iEiT, 2025 €0 erTng 09. 1947 RE HT5q Government of Uttaralchand Home Section-05 No.938/XX-2025-03(04)2024-TC E2ehrnduii` Dated 30 June 2025 NOTIFICATION In exercise of the powers conferred under sub-section (i) Of section 64 and of clause
(i) of section 530 and other enabling provisions of the Bharatiya Nagarik Suraksha Sachita, 2023 (Act No. 46 of 2023), in its application to the State of Uttaralchand] the Governor in consultation with the High Court of uttai.althand is pleased to allow to make the following mles, namely : - The Uttaralchand F,Iectl.onic Processes (Issuance, Sol.vine and Execution in Criminal Cases) Rules, 2025 Short title and commencement Definitions I. (I) These rules may be called the Uttarakhand Electronic Processes (Issuance, Service and Execution in Ci.iminal Cases) Rules, 2025.
(2) It shall come into force fi.om the date of publication in the Official Gaz;ette.
2. (1) In these rules, unless the context otherwise requires- 2 3renErrFT TTiH€, 30 qF. 2025 €O ,(arqiiF og, 1947ffli5 tlRI.)
(a) CCTNS" (Crime and Criminal Tracking Network and Systems) or ``any similar application" means system software used by the Police for the collection of data and execution of instructions;
(b) "GIS" (Case Information System) means system software used by the Disfu.ict Ctour[s and to Such modality, as prescribed, used by the High Coui.I of Uttarakhand for the Management of data and execution of instructions;
(c) "Disclosed Electl.onic Mall Address" means the email account of a person or organization that is used by the person or organization for coinposing, sending, storing, forwarding and reeeivinginessagesoverinternet,andisshownto be admitted, or provided by such person or organization either personally or on a website or portal;
(d) "esign" ineans authentication of any electronic record lty a subsci.ilier or couit` by mcaus of the electronic tea.hniqiie. spa.c.ified in the Second Schedule of the Information Technology Act, 2000 (21 of2000) and includes digital signature.
Also, when a process or report generated in electroiiic form is authenticated by means of electronie signature, it Shall be deeined to be authenticated by signanire of the person who affixed the electronic signature;
(e)"High Court'. means the High Court Of Uttarakband;
(f) "NSTEP.I (National Service and Tracking of Electronic Processes) or "any other similar application" means technology enabled process for serving and issuing of processes;
(g) "Process" includes summons, warrant or any other forms set forth in the Second Schedule of the Sanhita,withsuchvariatiousastheciroumstancesof each case may require, issued for the respective purposes as mentioned in the Sanhita;
(h) "Rules and Orders" means the Uttaralchand Bharatiya Nagrik Surakeh& Rules, 2024 and the `±TNwcsi`.a Orirmw Trq€, 30 qiq, 2025 €0 (3rmi5 og,1947 ¥15 flTai{) 3 Issuance of summons in 3.
electronic mode Service of summons where 4.
email address, phone no. etc is not known/available General Rules (Criminal), 1977 as applicable in State of Uttarakhand including the orders made therein exercising the power under both these Rules;
(i) "Sanhita" means the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023);
a) "Seal" means image of the seal of the Court including QR Code or any similar Code generated by the CIS Software for authentication;
(k) "State" means the State of uttarakhand;
(I) "Summons" means any summons issued under the Sanhita;
(in) "Wanant" means a warrant issued under the Sanhita and includes bailable warrant and nobbai lab le warrant.
(2) Words and expressions used but not defined in these rules shall have the sane meaning as assigned to them in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023); the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); the Bharatiya Salchya Adhiniyam, 2023 (47 of 2023) and the Information Technology Ac.t, 2000 (21 of 2000).
The Courts Shall generate and issue Summons in electronic mode through CIS jn 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 electronically by an officer of the Court issuing it.
WhentheCourldoesnotpossessrequiredElcotronic Mail Address, phone number or messaging application of the person to whom such process is intended to be served or when the summons issued as pei. rule 3 is not served, it may direct the same to be served by a police officer or other public servant.
Languageofthesummons 5. Every process issued in form of electronic communication under the Sanhita must ordinarily be written in the language of the court and shall be in an encrypted form of electronic communication and shall bear the image of the seal of the Court and esign.
4 iJfi€Ter3 3iener¥OT TrFe, 30 iH. 2025 {0 (3}"? 09. 1947 ¥TZF ¥rREj
Provided that the summons generated electronically through the GIS Software with QR Code shall be authentic without the signainre of the Presiding Officer and seal of the couii.
! esign and seal ofthecc>`irt 6. Every summons issued electi.onically shall contain esign or CIS generated QR Code in siich a manner that the name of the Court and the capacity, in which the signatory or subscriber acts, should be cleat.ly mentioned. The summons generated in electronic form shall bear image of the seal of the court and esign of the appropriate officer of the Coat or the Reader or any person authorized in whting in ttiis regard or with GIS generated QR Code as the case may be. Every warrant 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.
Presumption of process 7.
generated in electronic form.
Entering details ofacchsed/ 8.
witness in CCINS and Register Where the processes generated in electronic form are received on CCTNS through a scoured system, in an encrypted oi. with GIS generated QR Code or anyotherformofeleetroniccommunication,itshall be presumed to be issued by the Court. Further, any printout of such process shall have the same effect asissuedinoriginalforthepuxposeofitsexeoution.
The Officer.-in-charge of the Police Station shall ensure that the verified details relating to address, disclosed electroiiic mail address, phone number and messa.ging application used by the accused or witnesses, as the case may be, are recorded during art.est, investigation or inquiry and entered in CCTNS. Such details shat also be entered in the Register maintained at the Police Station in compliancewithsub-section(I)ofseetion64ofthe Sanhita. If any of such detEtils is not available, the Officer-in-chargeOfthePoliceStationshallmakean endorsement to that effect in the Register:
Provided that any such details may be amended on the basis of further verification or on the basis of an application by such person.
`sT"n:a"is 3i`Em>Ii`i`n Tiue, 30 q;a, 2025 ±0 ,(enryi? 09. ig47 ¥ia rm 5 Affidavit by complalnant 9.
stating the correct emall, phone number. etc of the accused/witness Maiiitenance of the details of 10.
address, email ctc in GIS Details ofemall, address, 11.
phone no. of witness, victin not be disclosed Where a case is filed on the basis of a private complaint, the complainaut shall provide tile details relating to address, electl.onic mail address, phone number and messagjng application of the accused and witnesses along with the complaint with an affidavit in Court stating that 1:he disclosed electronic mail address, phone number and messnging application of self, and all other party(ies) given by him, is correct to the best of his knowledge. If the same is not avai(ableAmown. to him, the paty shall state so in the affidavit.
The details relating to address, disclosed electronic mail address, phone number and messaging application shall be transmitted in electronic form and maintained in CIS and may be used for issuance of process. Such digital information shau form part of the register under Section 64 of the Sanhita.
Provided that such Information may be fetched automatically from ICJS-CIS through interopeL.ability.
The details relating to disclosed electronic mail address, phone number and messaging application of the victim and witnesses shall not be disclosed to the accused.
Service ofsurnmous 12. The officer-jn-charge of the police station or any Sub-ordinateOffLcerdeputedbyhimtiponreceiptof sirmmous issued in pursuance of rule 4 may forward the summons on the disclosed electronic mall address, phone numbei. or messaging application of the person summoned.
Actenowledgement-deemed to 13.
be service of summons (I ) Where sunnons are served by way ofelecti.onic mall serviee shall be deemed to have been made if the service provider. generates acknowledgement Of the delivery.
(2) When any summon is sent to a person or organization on disclosed electronic mail address, unless the delivery of the electronic mail is disrupted 6 \±ti`cn:5i..€ 3TenETTRT TTiife, 3o qF, 2025 €o ` (3rmT? co,1947 ¥Ti5 Wn]q) Acknowledgement shall form 14.
part of the report regarding service Procedure where verified 15.
details of email address, phone no. etc is not available Proof of service where 16.
summon can not be served by electronic mode due to disrupted or bouncing back oi. bounced back for any reason whatsoever, the delivery shall be deeined to be effected; and unless the contrary is proved, be deemed to have been effecEed at the time at which the electronic mail would be delivered.
( 1 ) Where summons are served by way of any other electronic coirmunication including messnging application, the acknowledgment shall fortn pal.I of the report of the service and the report shall contain delails including mobile nuinber, messaging application and screenshot/photo of the application reflecting delivery of the communication.
(2) Such delivery may be deemed to be due service of surmc>ns/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- Acknowledgement under this rule or under rule 14 include all acknowledgement given by-
(a) any communication by the addressee, automated or othei.wise; or
(b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received.
In case verified details of the emall address, phone number or messaging application relating to the person summoned are not available, the officer-incharge of the police station or any police officer deputed shall make an entry in that regard and after taking printout in duplicate of the summons issued in electrooic mode, shall execute the same in accordance with procedure prescribed under the Sanhita.
When summons are not served by an electronic mail or other mode of electronic communication, or delivery is dismpted and undelivered or bounced back for any other reason, the concerned officer shall `5Tn:I`:a`.a a[WTETTqur TruE, 3o iRq, 2o25 {o I (qmTiF og.1947 ¥TiF WFqq) 7 Service of wan.ant or other 17.
process in person Acknowledgement and photograph of the recipient when process is served physically prepare a report in that I-egard containing all details includingmobilenumber,messagingapplicationand screeushot/ photo of the application confimation of delivery and may proceed as pet. applicable process:
Provided that the photograph of the party served/refused the process along with the geotagged photo of the location captured by the process server through ICJS-NSTEP-GIS interopei.ability shall be sufficient proof of service of summons within the meaning of this rule.
In case of warrant or any other process required to be ser'ved in person is issued in elcotronic mode, the officer-in-charge of the police station or any police officer deputed by him shall take a printout of the warrant or process and execute the same in accordance with the Sachita and rules made therein.
18. Where any process is served or executed other than through electronic mode, the Police Officer while making service or executing the process shall take acknowledgement of the Recipient and may capture photograph,whichshal1formpartofthcreporiofthe service.
Transmission of service/non 19.
service of waiTant with relevant document to the court Report electronic deemed to be original Upon due service or non-serviee of the warrant, the serving officer of the concerned Police Station shall transmit the service report along with relevant docuinents including bail bonds, photographs, aclenowledgment, if any, to the concerned Court in electronic form though CCTNS- NSTEP-Crs interoperability.
form 20. The Coui.L upon receiving the report in electronic form under rule 19, may act upon such report as deemed appi.opriate. Such repoi.t or printout of such report shall be deemed to be original for the purpose Of satisfaction as to the service/execution of the Identity of victim not to be 21.
revealed in certain cases process.
Whet.e any process is issued in cases relating to offences undei` sections 64 to 71 of The Bharatiya Nyaya Sanhita (45 of 2023) or offences agalust 8 idTi<i<aii<; 3THrmtoT iTae. 30 G£T, 2025 ¥0 (orTi? 09. 1947 ¥itF ¥rRIj Validation clause woman oi. child or offences undei. The Protection of Children from Sexual Offences Act, 2012 and `, Juvenile Justice (Care and Protection of Children) Act,2015,theconcernedofficershallensurethatthe identity of the victim is not revealed in any manner in course of service or execution.
22. Any i.ule inade in this behalf shall be in addition to, not in derogati6n of, any other law or rules made by themghCourttospecifyforthetimebeinginforce for issuance, service and execution of process try the Court` Amendment of rules 23. :::.ts::taey:e:::r::.ninotdi:y::nys:'rtoat£E::o:jgf:Li rules in case of exigencies.
By Order, SHAILESH BAGAULI.
Secretary th6THORO (ano€O) 20 ][€/ 304-2025-loo+5O rfu (apT;er/itfan) I