Code of Criminal Procedure, 1973Bharatiya Nagarik Suraksha Sanhita, 2023

CrPC 68BNSS 70

Proof of service in such cases and when serving officer not present

Canonical: https://www.vakilpedia.com/crpc-68-to-bnss

What changed

  • 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.

Drafting-ready

Under Section 70 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 68 of the Code of Criminal Procedure, 1973)...

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 therei n shall be deemed to be correct unless and until the contrary is proved. 36 (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 se ctions 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.

Frequently asked

What is CrPC 68 equivalent in BNSS?

CrPC Section 68 (Proof of service in such cases and when serving officer not present) corresponds to Section 70 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

What changed between CrPC 68 and 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.

How do I cite BNSS 70 in a pleading?

Under Section 70 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 68 of the Code of Criminal Procedure, 1973)...

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