BNSS Section 70 — Proof of service in such cases and when serving officer not present

CHAPTER VI PROCESSES TO COMPEL APPEARANCE — A.—Summons

Criminal

Summary

When a court sends a summons to someone outside its local area, or when the person who delivered the summons is not in court during the hearing, the court can accept a sworn written statement (affidavit) made before a Magistrate that the summons was served. Along with that, a copy of the summons that has been signed or marked by the person who received it (as described in sections 64 or 66) can also be used as evidence. The information in these documents is considered correct unless someone proves otherwise. The sworn statement can be attached to the copy of the summons and sent back to the court. Also, any summons sent through electronic communication under sections 64 to 71 is treated as properly served, and a copy of that electronic summons must be kept as proof of service.

Official Text

(1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

(3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §68 — Proof of service in such cases and when serving officer not present