Successor-in-Office and Audio-Video Electronic Service (ss.29, 63–64, 71, 336 BNSS) — BNSS (Criminal Law II) Notes

Successor-in-Office and Audio-Video Electronic Service (ss.29, 63–64, 71, 336 BNSS)

Two small but modernising provisions: one keeps a case alive when the officer who started it leaves (the successor-in-office), and the other lets summons and evidence travel by audio-video instead of paper — the BNSS quietly wiring the courtroom to the internet.

Securing presence / successor-in-office (s.29; s.336 [s.35, s.293 CrPC]). Where a functionary who issued an order or recorded evidence has ceased to hold office, his successor-in-office may act on and continue the matter, so proceedings do not restart. Section 336 allows the evidence and report of a public servant, expert or officer to be given/proved through his successor where the original is unavailable.
Audio-video electronic service (ss.63–64, 71 [ss.61–62, 69 CrPC]). Summons may be issued and served in electronic form bearing the court’s image of seal or a digital signature; service by electronic communication is deemed due service. This dovetails with s.2(1)(a) (audio-video electronic means) and s.530 (trials in electronic mode).

🧩 WORKED EXAMPLE — the transferred Magistrate

Facts. A Magistrate who recorded part of the evidence is transferred mid-case.

Rule. Section 29 allows his successor-in-office to continue the proceeding on the existing record.

Apply. The successor need not restart; he proceeds from where his predecessor left off.

Conclusion. The case continues seamlessly — a practical anti-delay device.

Section 63(1) BNSS: “Every summons issued by a Court under this Sanhita shall be in writing, in duplicate… [and] may also be served by such electronic communication as may be provided by rules made by the State Government.”

In Simple Terms: A summons can now be a digital document served by email or other electronic means, and a successor officer can carry on a predecessor’s proceedings.

flowchart TD
    ROOT["Continuity & technology"]:::root
    ROOT --> A["Successor-in-office ss.29, 336<br/>continue predecessor's proceedings"]:::leaf
    ROOT --> B["Electronic summons ss.63-64, 71<br/>e-service = due service"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Central Bureau of Investigation v. State of Rajasthan (2001) — a successor Magistrate may act on the record left by his predecessor without recommencing.

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