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असाधारण

EXTRAORDINARY

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

Part II - Section 3

केन्द्र-शासित प्रदेश लद्दाख प्रशािन

ADMINISTRATION OF UNION TERRITORY OF LADAKH

Home Department

F. No: Home/UTL/ 258 /2025/1174-84

Notification

Ladakh, the 11^th of April, 2025.

S.O. 41 .—

In exercise of the powers conferred by sub-section (1) of section 64 and of clause (i) of section

530 and other enabling provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), in its application

to the Union territory of Ladakh read with S.O. 2506 (E) dated:28.06.2024 issued by the Ministry of Home Affairs,

Government of India; the Administration of Union territory of Ladakh in consultation and with the concurrence of

the High Court of Jammu & Kashmir and Ladakh, hereby, makes the following rules, namely:

1. Short title and commencement:

(1) These rules may be called the Union territory of Ladakh Electronic Processes (Issuance, Service and

Execution) Rules, 2025.

लद्दाख, 11 अप्रैल, 2025

LADAKH, FRIDAY, APRIL, 11, 2025

भारत सरकार

GOVERNMENT OF INDIA

एस.जी.-एल.डी.-अ.-11042025-1495

SG-LD-E-11042025-1495

LADAKH GAZETTE : EXTRAORDINARY 2

(2) They shall come into force from the date of their publication in the Official Gazette.

2. Definitions:

(1) In these rules, unless the context otherwise requires:

(a) "CCTNS” means Crime and Criminal Tracking Network and Systems, a system software used by

the Police for the collection of data and execution of instructions;

(b) "CIS" means Case Information System, a system software used by the District Judiciary and High

Courts for the collection of data and execution of instructions;

used by the person or organization to send and receive messages over internet, and is shown to be

admitted, or provided by such person or organization either personally or on a website or portal;

(d) "Electronic Communication" as defined in Section 2(1)(i) of the Sanhita;

(e) "e-Sign" means authentication of any electronic record by a subscriber or court, by means of the

electronic technique specified in the Second Schedule of the Information Technology Act, 2000

(21 of 2000) and includes digital signature. Also, when a process or report generated in electronic

form is authenticated by means of electronic signature, it shall be deemed to be authenticated by

signature of the person who affixed the electronic signature;

(f) "High Court" means the High Court of Jammu & Kashmir and Ladakh;

(g) "Process" includes summons, warrant or any other forms set forth in the Second Schedule of the

Sanhita, with such variations as the circumstances of each case may require, issued for the

respective purposes as mentioned in the Sanhita;

(h) "Sanhita" means the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023);

(i) "Seal" means image of the seal of the Court;

(j) "State" means the Administration of Union territory of Ladakh;

(k) "Summons" means any summons issued under the Sanhita;

(l) "Warrant" means a warrant issued under the Sanhita and includes bailable warrant and non-

bailable warrant

(2) Words and expressions used but not defined in these rules shall have the same 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 Sakshya Adhiniyam, 2023 (47 of 2023) and the Information

Technology Act, 2000 (21 of 2000).

3. The Courts shall generate and issue process in electronic mode through CIS 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.

4. When the Court does not possess required electronic address/ contact details of the person 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.

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 e-Sign.

LADAKH GAZETTE : EXTRAORDINARY 3

6. Every process issued electronically shall contain e-Sign in such a manner that the name of the Court and

the capacity in which the signatory or subscriber acts, should be clearly mentioned. The summons

generated in electronic form shall bear image of the seal of the court and e-Sign of the appropriate officer

of the Court or the Reader or any person authorized in writing in this regard as the case may be. Every

warrant of arrest in electronic form shall be issued by e-Sign of the Presiding Officer of the Court and shall

also bear the seal of the Court.

7. Where the processes generated in electronic form are received on CCTNS through a secured system, in an

encrypted or any other form of electronic communication, it shall be presumed to be issued by the Court.

Further, any printout of such process shall have the same effect as issued in original for the purpose of its

execution.

8. The Officer-in-charge of the Police Station shall ensure that the verified details relating to address,

disclosed electronic mail address, phone number and messaging application used by the accused or

witnesses, as the case may be, are recorded during arrest, investigation or inquiry and entered in CCTNS.

Such details shall also be entered in the Register maintained at the Police Station in compliance with sub-

section (1) of section 64 of the Sanhita. If any of such details is not available, the Officer-in-charge of the

Police Station shall make an 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.

9. Where a case is filed on the basis of a private complaint, the complainant shall provide the details relating

to address, disclosed electronic mail address, phone number and messaging application of the accused and

witnesses along with the complaint. If any of such information is not available, the complainant shall make

an endorsement to that effect.

10. 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 shall form part of the register under Section 64 of the Sanhita.

11. 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.

12. The Officer-in-charge of the Police Station or any Sub-ordinate Officer deputed by him upon receipt of

summons issued in pursuance of rule 4 may forward the summons on the disclosed electronic mail address,

phone number or messaging application of the person summoned.

13. (1) Where summons are served by way of electronic mail, service 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 or bounced back for any reason whatsoever, the delivery shall be

deemed to be effected; and unless the contrary is proved, be deemed to have been effected at the time at

which the electronic mail would be delivered.

14. (1) 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.

(2) Such delivery may 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.

LADAKH GAZETTE : EXTRAORDINARY 4

Explanation- Acknowledgement under this rule or under rule 14 include an acknowledgement given by-

(a) any communication by the addressee, automated or otherwise; or

(b) any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been

received.

15. In case verified details of the email address, phone number or messaging application relating to the person

summoned are not available, the officer-in-charge 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 electronic

mode, shall execute the same in accordance with procedure prescribed under the Sanhita.

16. When summons are not served by an electronic mail or other mode of electronic communication, or

delivery is disrupted and undelivered or bounced back for any other reason, the concerned officer shall

prepare a report in that regard containing all details including mobile number, messaging application and

screenshot/ photo of the application confirmation of delivery and may proceed as per applicable process.

17. In case of warrant or any other process required to be served in person is issued in electronic 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 Sanhita 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, which shall form part of the report of the service.

19. Upon due service or non-service of the warrant, the serving officer of the concerned Police Station shall

transmit the service along with relevant documents including bail bonds, photographs, acknowledgment, if

any, to the concerned Court in electronic form through CCTNS/ NSTEP.

20. The Court, upon receiving the report in electronic form under rule 19, may act upon such report as deemed

appropriate. Such report or printout of such report shall be deemed to be original for the purpose of

satisfaction as the service/ execution of the process.

21. Where any process is issued in cases relating to offences under sections 64 to 71 of the Bharatiya Nyaya

Sanhita (45 of 2023) or offences against woman or child or offences under the Protection of Children from

Sexual Offences Act, 2012 and Juvenile Justice (Care and Protection of Children) Act, 2015, the concerned

officer shall ensure that the identity of the victim is not revealed in any manner in course of service or

execution.

22. Any rule made in this behalf shall be in addition to, not in derogation of, any other law or rules made by the

High Court to specify for the time being in force for issuance, service and execution of process by the

Court.

By order of the Lieutenant Governor, UT of Ladakh.

Sd/-

(डॉ पवन कोतवाल, भ प्र से / Dr. Pawan Kotwal, IAS)

मुख्य सचिव/Chief Secretary/

प्रशासननक सनिव /Administrative Secretary

गृह नवभाग /Home Department

LADAKH GAZETTE : EXTRAORDINARY 5

(रिगनिन स्पालगोोंन, ज क प्र से / Rigzin Spalgon, JKAS)

अपि सनिव / Additional Secretary

“No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The

Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal

consequences and also for any other misrepresentation etc.”

RIGZIN

SPALGON

Digitally signed by

RIGZIN SPALGON

Date: 2025.04.11

17:33:46 +05'30'

RIGZIN SPALGON

Digitally signed by RIGZIN

SPALGON

Date: 2025.04.11 17:34:17 +05'30'

MICHAEL

MANNY

DSOUZA

Digitally signed by

MICHAEL MANNY

DSOUZA

Date: 2025.04.11

17:53:02 +05'30'