Abstract

The rise of electronic summons marks a significant transition in modern litigation, bringing judicial systems into the digital realm in an attempt to improve efficiency, transparency, and access. This article looks at electronic summons as an important aspect of digital courts, especially within the Indian legal context. It evaluates the legal framework around e-summons provided by the Civil Procedure Code, 1908, and the Information Technology Act, 2000, both of which allow for electronic service, as well as judicial decisions endorsing its use. The paper identifies the benefits of e-summons including speed, cost efficiency, tracking and reducing carbon footprints whilst addressing challenges such as verification, data privacy, and the digital divide. In addition to identify legal, benefits and challenges the article integrates best practices in e-summons from jurisdictions such as the UK, US, and Singapore. The last section of the article lists suggested reforms; the need to update procedural laws, standardize processes, invest in awareness training for judges, improve digital infrastructure and invest in the resilience of the e-summons will push e-summons to gain recognition in courts. As India nears the final stage (Phase III) of the eCourts Project, implementing electronic summons will reduce delays, lower the pendency of cases and build a more agile system of justice. The authors call for reforms that strike the right balance between fully unlocking the possibilities of electronic summons whilst ensuring international best practices are followed.

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