Section 68 CrPC and Section 70 BNSS: Proof of Service of Summons
When a summons is served outside a court's local jurisdiction or the serving officer is absent from the hearing, the law provides methods for proving service. Section 68 of the Code of Criminal Procedure, 1973 (CrPC) addressed this issue; the corresponding current provision is Section 70 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 68 CrPC: Proof of service when the serving officer is not present
Section 68(1). Where a court's summons is served outside its local jurisdiction, or where the officer who served it is absent from the hearing, an affidavit purporting to be made before a Magistrate confirming service, together with a duplicate summons endorsed under Section 62 or Section 64 by the recipient or person with whom it was left, is admissible in evidence. Statements in the affidavit are presumed correct unless the contrary is proved.
Section 68(2). The affidavit may be attached to the duplicate summons and returned to the issuing court.
Section 70 BNSS: Corresponding provision under current law
Section 70(1): Affidavit and endorsed duplicate
When a summons has been served beyond the issuing court's local jurisdiction, or the serving officer is absent at the hearing, an affidavit purporting to be made before a Magistrate confirming service and a duplicate summons endorsed in accordance with Section 64 or Section 66 BNSS are admissible in evidence. The statements are deemed correct unless disproved. This is a rebuttable evidentiary presumption, not an absolute bar to challenging service.
Section 70(2): Return of affidavit
The affidavit may be attached to the duplicate of the summons and returned to the court. This helps the court determine whether service has been established without requiring the serving officer's attendance in every case.
Section 70(3): Proof of electronic service
Summons served through electronic communication under Sections 64 to 71 BNSS (both inclusive) are considered duly served under this provision, and a copy of the summons must be attested and retained as proof of service. The relevant statutory procedure and applicable rules must still be followed.
What the legal terms mean
- Summons
- A court-issued process requiring a person to appear or otherwise respond as directed.
- Affidavit
- A written statement sworn or affirmed before an authorised person; here, the statute specifies an affidavit purporting to be made before a Magistrate.
- Endorsed duplicate
- A copy of the summons bearing the acknowledgment or endorsement contemplated by the service provisions.
- Local jurisdiction
- The geographical area within which the issuing court ordinarily exercises its authority.
- Rebuttable presumption
- A legal assumption that stands unless evidence establishes the contrary.
How proof of service is assessed
- Identify whether the summons was served outside local jurisdiction or the serving officer is absent.
- Check the affidavit and the duplicate summons for the required service endorsement.
- For electronic service, check the method used and preservation of an attested copy under Section 70(3).
- Consider any evidence disputing receipt, identity, address, endorsement, or procedural compliance.
- The court decides whether service is established on the materials and applicable law.
Related statutory provisions
Section 62 CrPC - How summons are served; Section 64 CrPC - Person summoned cannot be found; Section 67 CrPC - Service outside local limits; and Section 64, Section 66, Section 69 and Section 71 BNSS, dealing with associated service procedures.
Official legal sources
Read the Bharatiya Nagarik Suraksha Sanhita, 2023 (official BPR&D PDF) and the Government of India new criminal laws portal. For authoritative updates, verify the relevant Act and notifications on India Code.
This article is general legal information and does not replace advice about the facts or procedural status of a particular case.