Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 70
Proof of service in such cases and when serving officer not present
In one line
BNSS Section 70 deals with proof of service in such cases and when serving officer not present and replaces CrPC 68.
Bare act text — BNSS 70
70. Proof of service in such cases and when serving officer not present.
(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.
What changed from the CrPC
- CrPC 68 → BNSS 70: A new subsection (3) is added, mentioning that service of summons through electronic communication shall be considered duly served, and a copy of such summons shall be attested and kept as proof of service of summons.
Frequently asked
What was BNSS Section 70 in the CrPC?
BNSS Section 70 (Proof of service in such cases and when serving officer not present) replaces Section 68 of the Code of Criminal Procedure, 1973. CrPC 68 is now BNSS 70.
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Nearby BNSS sections
- BNSS 65 — Service of summons on corporate bodies, firms, and societies
- BNSS 66 — Service when persons summoned cannot be found
- BNSS 67 — Procedure when service cannot be effected as before provided
- BNSS 68 — Service on Government servant
- BNSS 69 — Service of summons outside local limits
- BNSS 71 — Service of summons on witness
- BNSS 72 — Form of warrant of arrest and duration
- BNSS 73 — Power to direct security to be taken
- BNSS 74 — Warrants to whom directed
- BNSS 75 — Warrant may be directed to any person