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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
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2025 }
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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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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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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.