Section 67 CrPC - Service of Summons Outside Local Limits: Section 69 BNSS Explained

When a criminal court needs to serve a summons on a person who is outside its territorial jurisdiction, the law provides a procedure for forwarding the summons to the appropriate local Magistrate. Section 67 of the Code of Criminal Procedure, 1973 (CrPC) and Section 69 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) address this process.

Section 67 CrPC - Original provision

Heading: Service of summons outside local limits.

Section 69 BNSS - Current corresponding provision

Section 69 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Service of summons outside local limits. It retains the substance of the earlier Section 67 CrPC: a court ordinarily forwards two copies of the summons to a Magistrate having local jurisdiction over the place where the person resides or is present, for service there.

Meaning of important legal terms

Summons

A formal direction issued by a court requiring a person to appear or take a specified step in a proceeding. The prescribed form and service requirements are governed by the applicable criminal procedure law.

Local jurisdiction or local limits

The geographical area within which a court or Magistrate exercises legally assigned authority. A person may be located outside the issuing court's local limits without being outside India.

In duplicate

Two copies of the summons are ordinarily transmitted so that one can be served and the other used for acknowledgment or return of service in accordance with the applicable rules.

Procedure for service outside local jurisdiction

1. Issuance: The court issues a summons in the form permitted by the applicable law.
2. Forwarding: Where the addressee is outside the issuing court's local limits, the court ordinarily sends the summons in duplicate to the Magistrate with jurisdiction where the person resides or is located.
3. Service: Service is arranged through the appropriate local process in accordance with the statutory service provisions.
4. Return and proof: The issuing court considers the service record and proof, including the rules addressed in Section 70 BNSS (formerly Section 68 CrPC).

How is service proved?

Section 70 BNSS deals with proof of service outside local jurisdiction and cases in which the serving officer is absent from the hearing. It provides for an affidavit and an endorsed duplicate as evidence, subject to the statutory conditions. Section 70(3) also addresses proof of summons served by electronic communication under Sections 64 to 71 BNSS.

Electronic service must comply with the applicable BNSS provisions and prescribed rules. Section 69 itself sets out the ordinary route through the Magistrate and should not be read as independently authorising every electronic method.

Does a summons become invalid because the person lives in another district?

No. The fact that a person resides or is found outside the issuing court's territorial limits does not, by itself, invalidate a summons. Section 69 BNSS expressly provides a mechanism for arranging service outside those limits. Whether service was legally completed depends on the facts and the applicable procedural requirements.

CrPC and BNSS applicability

The CrPC was replaced by the BNSS with effect from 1 July 2024, subject to savings and transitional rules. Section 531 BNSS governs repeal and savings, including certain pending matters. The applicable statute should therefore be checked against the commencement date and the status of the particular proceeding.

Official legal sources

Read the Bharatiya Nagarik Suraksha Sanhita, 2023 (official government-hosted PDF), the Bureau of Police Research and Development new criminal laws resource page, and the National Crime Records Bureau BNSS chapter reference.

Note: This article provides general legal information. Specific service disputes may depend on court records, local rules and the transitional provisions.