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GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 38, Puducherry, dated 16th June 2025)

NOTIFICATION

In exercise of the powers conferred under sub-section (1) of section 64

read with clause (i) of section 530 and all other enabling provisions of

the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023) read

with the Notification in S.O. No. 2506 (E), dated 28-06-2024 of

the Government of India, Ministry of Home Affairs, New Delhi

the Lieutenant-Governor, Puducherry, hereby notifies the following

Rules, namely:—



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by



Autorité

Authority

Registered with the Registrar

of Newspapers for India under

No. 10410







2025 }

|

19 {

No. 52 Poudouchéry

Jeudi

19

Juin

2025

No.

Puducherry

Thursday

19th

June

2025

(29 Jyaistha 1947)

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[PART–II

1. Short title and commencement.— (i) These Rules may be called

as "the Government of Puducherry Electronic Processes (Issuance,

Service and Execution) Rules, 2025".

(ii) They shall come into force on and from the date of its

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 the High Court for the collection

of data and execution of instructions;

(c) "Disclosed Electronic Mail Address" means, the email

account of a person or organization that is used by the person or

organisation 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" means, as defined in section 2(1)(i)

of the Sanhita;

(e) "eSign" 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 the signature of the person who affixed the

electronic signature;

(f) "High Court" means, the High Court of Judicature at

Madras;

(g) "Process" includes summons, warrant or any other forms

as 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;

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(h) "Rules and Orders" means, the Rules and Orders, issued by

the Government of Puducherry on the Criminal side;

(i) "Sanhita" means, the Bharatiya Nagarik Suraksha Sanhita, 2023

(Act No. 46 of 2023);

(j) "Seal" means, image of the seal of the Court;

(k) "UT" means, the Government of Union territory of

Puducherry;

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

(m) "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 (Act No. 46 of 2023); the Bharatiya Nyaya

Sanhita, 2023 (Act No. 45 of 2023); the Bharatiya Sakshya Adhiniyam, 2023

(Act No. 47 of 2023) and the Information Technology Act, 2000

(Act No. 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 the form of electronic communication

under the Sanhita shall 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.

6. 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, should be clearly mentioned. The 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 the Reader or any

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[PART–II

person authorized in writing in this regard 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.

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.

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12. The Officer-in-charge of the Police Station or any Subordinate

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 the 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

the details including the 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.

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

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[PART–II

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 the details including

the mobile number, messaging application and screenshot/photo of the

application confirmation of delivery and shall 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 the rules made therein.

18. Where any process is served or executed other than through

the electronic mode, the Police Officer while making service or executing

the process shall take acknowledgement of the recipient and shall

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 the relevant documents including bail bands, 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, shall 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, 2023 (Act No. 45

of 2023) or offences against woman or child or the offences under the

Protection of Children from Sexual Offences Act, 2012 and the Juvenile

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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 and 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)

DR. SHARAT CHAUHAN,

Chief Secretary to Government.

————

online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.