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National Service and Tracking of Electronic Process

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National Service and Tracking of Electronic Process
NSTEP
Established23 August 2018; 7 years ago (2018-08-23)
(as Federal Court of India)
28 January 1950; 76 years ago (1950-01-28)
(as Supreme Court of India)[1]
LocationTilak Marg, New Delhi, Delhi
CoordinatesAll Courts in India
Composition methodServices of Process
Authorized by
Website[https://www.sci.gov.in www.sci.gov.in

National Service and Tracking of Electronic Process - (NSTEP)[2] is the method by which the Processes of the Indian Courts are served to the litigants. It works on the basis of the Data available in Case Information System (in short the CIS). NSTEP is a mechanism by which the Electronic Processes can be served on the Parties and the Acknowledgment for the service of the Process can be received by the Courts within a short span of time.

There are nearly 14,000 District and Taluka Courts in India. The E-Committee, Supreme Court of India[3], by its Policy had decided to enlarge the Citizen Centric Services through e-Court Projects. This new procedure has been introduced with the aim of expedite the existing practice of serving in person and through Postal Departments.[4]

History

Supreme Court of India

Process Service Procedure in other countries

United States

The electronic process service in US courts is operated by private companies also. There are separate procedures for sending summons to the litigants from the Civil Courts in United States.

In United States, many states have their own separate process service law. These differences may be broad. For example, in New York State, process service may require a process server license; In Pennsylvania, in most cases the process can only be provided by the sheriff or the sheriff's assistant. In general, most courts range from local petty courts to district courts in the United States.[5]

England

The practice of the courts of the United Kingdom is similar to that of the courts of India. This is because the Indian courts were originally governed by the laws of the United Kingdom. The same applicable laws are still in force in India with minor amendments.[6]

Norway

The service of the electronic process has a separate procedure in the courts of Norway.[7]

Pakistan

The practice of the Pakistani courts and the practice of the Indian courts are seen to be one and the same. Because, the courts in Pakistan were originally governed by the laws of the United Kingdom. The same applicable laws are still in force with minor amendments.[8]

Sri Lanka

Sri Lankan courts were originally governed by the laws of the United Kingdom. Therefore, the same applicable laws are still in force with minor amendments.[9]

Canada

Courts in Canada have legislated laws relating to the procedure for sending summons and notices. The service of electronic processing in the courts of Canada is implemented through private companies also.[10]

Inauguration of NSTEP in Tamil Nadu

Madras High Court

On 17.09.2020, the Virtual Inauguration[11] of 1. NSTEP (National Service and Tracking of Electronic Process), 2. e-SEVA Center at Yercaud, 3. E-Court Services (through e-SEVA Center, Government of Tamil Nadu), 4. Bio metric Attendance for all courts in District Judiciary and 5. e-Way Finder at the Principal Seat, Madras High Court, was made, by the Hon'ble Dr. Justice D.Y. Chandrachud, Judge, Supreme Court of India and Chairman, E-Committee[12], Supreme Court of India, in the august presence of The Hon’ble Mr. Justice Amreswar Pratap Sahi, Chief Justice of Madras High Court and The Hon’ble Thiru. Justice T.S. Sivagnanam, Chairman of the Computer Committee and Hon’ble Members of Computer Committee Hon’ble Tmt. Justice Pushpa Sathyanarayana, Hon’ble Thiru. Justice M.Sundar, Hon’ble Thiru. Justice A.D. Jegadish Chandira, Hon’ble Thiru. Justice C.Saravanan.[13] [14]

Stakeholders

Sl.No. Stakeholders in NSTEP Coordination Work
1. The Presiding Judge of the Court. Ordering to serve the Process within Next Hearing Date and Tracking and Monitoring the service.
2. The System Analysts / System Officers of the District Courts. Integrating the CIS with NSTEP Portal and Replicating the Main Server.
3. The Data Entry Staffs (Typists / Stenographers / Bench Clerks) of the Court. Generating the Elecronic Process and Publishing the Process in NSTEP Portal.
4. The Central Nazar / Deputy Nazars nominated as Nazar Admin Users Handling the Elecronic Process in NSTEP Portal and Allocating the Processes.
5. The Process Servers (Amin / Senior Bailiffs / Junior Bailiffs) Receiving the Electronic Processes in their Mobile Phone and serve the same.

Tracking and Monitoring by Judges

The Presiding Judge of the Court Tracks and Monitors the service of the Process. Depending upon the service of Process, the Presiding Judge of the Court proceed to the next stage of the Case.[15]

The System Analysts / System Officers

The System Analysts / System Officers of the District Courts play a vital role in NSTEP. The System Analysts / System Officers of the District Courts are Configuring the Integration of CIS and NSTEP. In CIS, Configuration Tab is maintained by System Analysts / System Officers.

Data Entry Staffs

All Data are entered in CIS by concerned staffs nominated by the Presiding Judge. Depending upon the strength of Staffs, workload and Open Court work, the Data entry staff may differ from time to time. If some of the Names and Addresses are omitted in Data Entry, then Summons or Notice can not be Generated in CIS. This will affect the Process in NSTEP. The Success of NTEP is based on the Data Entry in CIS. So, while Numbering the Case, all Data should be entered by the Data Entry Staffs, without any omission.

Civil Court Processes

How NSTEP works?

Process Generation

The Data Entry Staffs should select “Process Generation” tab for generating Civil Processes inside CIS. Then, the Data Entry Staffs should verify the details and Click “Generate Draft” Button. Now the Draft of Civil Process is ready.[16]

Print

To take a Print or for Acknowledgement, The Data Entry Staffs should select “Civil”, “From Date” and “To Date”, “Go” then Click “Print” for getting a copy printed or for getting a copy with Acknowledgement tick the box and Click Acknowledgment. Now the Printed Copy of the Civil Process is ready with Acknowledgment.

Publish

For Publishing Civil Process, the Data Entry Staffs should select “Civil”, then the Data Entry Staffs should select “From Date” and “To Date”, then Click “Go” Button and Click “Publish” Button. Now the Civil Process is Published Successfully.

Upload

For uploading Civil Processes, the Data Entry Staffs should select “Civil”, “Case Number”, “Process”, “Addressee Type”, “Addressee Name”, “Relation”, “Address”, “Main” or “Alternate Address”, “State”, “District”, “Taluka”, “Village”, “Police Station”, “PIN Code”, “Mobile Number”, “Remarks”, “E-Mail”, “Browse” Button. Then the Data Entry Staffs should select the File from the location inside the Computer. Then the Data Entry Staffs should select “Preview” for verification of the Process and Click “Submit” Button. Now the Civil Process is uploaded successfully.

Status

To get the Status of the Civil or Criminal Process, the Data Entry Staffs should select Process Status. Then the Data Entry Staffs should select “All” or “Pending” or “Served” or “Unserved” to view the Status of Process under each category. Then the Data Entry Staffs should select “From Date” and “To Date” and Click “Go” Button. Now the Processes are available for viewing their Stage.

Copy

If the Process was already Published and the same Process is needed again for subsequent date, then the Data Entry Staff need not generate the Process again. Instead, the same Process can be copied again by selecting Copy Previous Process. Now the Data Entry Staffs should select “Civil” or “Criminal”, “Case Number”, “Published Process” and Click “Generate Draft”. Now the Copy of the Previous Process is ready.

Criminal Court Processes

For Generating the Criminal Case Processes, The Data Entry Staffs should follow the same procedure as that of Civil Process and the only difference is to select "Criminal Button" instead of "Civil Button".[17]

Users of NSTEP

NAZARS

Nazar Admin Users are created with separate Usernames and Passwords, in NSTEP Portal. The Nazar Admins have to visit the NSTEP Portal frequently, to verify whether any process is pending for service. If there are Processes waiting to be served within the same District, then the Nazar Admin can allot the Process to the available Process servers within his jurisdiction. If there are Processes to be served outside his jurisdiction but within the State, then the Nazar Admin can forward the Process to Concerned District Nazar Admin for service. If there are Processes to be served outside the State, then the Nazar Admin can forward the Process to Concerned District Nazar Admin of the particular State, for service. If any Process is received from other Districts or Other States, then the Nazar Admin should allocate the Process to the Process servers for service.

Nazars at Work Place

To enter into the NSTEP Portal, through Internet, the Nazar Admins should search the website of NSTEP. The website for NSTEP is: “http://nstep.ecourts.gov.in/nstep”. Once, the Nazar Admins found the NSTEP website, then they have to enter their Username and Password and Click “Submit” Button. Now the Nazar Admins are inside the NSTEP Portal. After that the Nazar Admins can see the Dashboard.

For Process Allocation, the Nazar Admin should select the Name of the Bailiff (Process Server). Then, the Nazar Admin should Click the “Tag” Button and Click “Submit” Button. Now the Process is allocated to the Bailiff (Process Server), successfully.

The Process Servers (Amins / Senior Bailiffs / Junior Bailiffs)

The Computer Committee of the Madras High Court had purchased Smart Phones for the Bailiffs (Process Server) for the purpose of serving Process by following NSTEP Application (App) Facility in the Smart Phones.

Bailiffs at Work Place

At the place of service, The Bailiff (Process Server) should verify the Identity of the party and hand over the hard copy of the Process. While delivering the hard copy of the Process, the Bailiff (Process Server) should take the Photo of the Party who received the Process. Then the Bailiff (Process Server) should get the Signature of the Party by using the touch screen facility available in the Smart Phone. By this Facility, the Party can put his/ her signature on the Screen of the Smart Phone. Then the Bailiff (Process Server) should Click the “Tick” Button. Then the Bailiff (Process Server) should Click “Location” Button. By this Option, the Smart Phone captures the Latitude and the Longitude of the Area in which the Process was served by using GPRS Facility Provided in the Smart Phone. Then the Bailiff (Process Server) should select the “Served” or “Unserved” Option. If the Process was served, then the Bailiff should select the “Served” Option. Then the Bailiff should select the description of the Service by clicking the drop down menu. If the Process was not served, then the Bailiff should select the “Unserved” Option. Then the Bailiff should select the reason for Non-service of the Process by clicking the drop down menu. Then the Bailiff (Process Server) should Click “Upload” Button. Once, the Process was served the same will reflect in CIS. Now, the Court which send the Process for service can see the Status of the Process in CIS.

Benefits of NSTEP

It is very often said that the cases are pending for long time for want of Service of Processes. Hitherto, the Scenario will change by the effort taken by the Hon’ble Computer Committee of the Hon’ble Madras High Court.[18]

References

  1. 26 January 1950 History of the Supreme Court of India Archived 28 January 2019 at the Wayback Machine
  2. "NSTEP - National Service and Tracking of Electronic Processes". www.nstep.ecourts.gov.in. Retrieved 2020-12-24.
  3. "Home | SUPREME COURT OF INDIA". main.sci.gov.in. Retrieved 2021-05-28.
  4. "NSTEP User Manual | Department of Justice | Ministry of Law & Justice | GoI". doj.gov.in. Retrieved 2020-12-24.
  5. "Process Service in USA". Unknown parameter |url-status= ignored (help)
  6. "Process Service in U K". Unknown parameter |url-status= ignored (help)
  7. "Process Service in Norway". Unknown parameter |url-status= ignored (help)
  8. "Process Service in Pakistan". Unknown parameter |url-status= ignored (help)
  9. "Process Service in Srilanka". Unknown parameter |url-status= ignored (help)
  10. "Process Service in Canada". Unknown parameter |url-status= ignored (help)
  11. "Virtual Inauguration of NSTEP". 14 August 2018. Unknown parameter |url-status= ignored (help)
  12. "Official website for NSTEP". Unknown parameter |url-status= ignored (help)
  13. "Court notices go digital, to be served through mobile apps". The New Indian Express. Retrieved 2020-12-24.
  14. "NSTEP User Manual | Department of Justice | Ministry of Law & Justice | GoI". doj.gov.in. Retrieved 2020-12-24.
  15. S, Mohamed Imranullah (2020-09-14). "Serving of court notices and summons all set to go digital in Tamil Nadu". The Hindu. ISSN 0971-751X. Retrieved 2020-12-24.
  16. "Civil Procedure Code" (PDF). Unknown parameter |url-status= ignored (help)
  17. "Criminal Procedure Code" (PDF). Unknown parameter |url-status= ignored (help)
  18. "Benefits of NSTEP". Unknown parameter |url-status= ignored (help)


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