Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. Explanation.—A servant is not a member of the family within the meaning of this section.
Bharatiya Nagarik Suraksha Sanhita
Section 66
Service when persons summoned cannot be found
Englishहिंदी
⚡ Quick Answer Reference: Section 66 BNSS
- Provision: Section 66 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: This section allows a summons to be served to a person's family member if the person cannot be found after trying hard to locate them.
Statutory Content
What does Section 66 of BNSS say?
Indian StandardSection 66, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 66 (India)
Court Pleading StandardSection 66 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/66
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 66 of BNSS mean?
Plain English Explanation
This section allows a summons to be served to a person's family member if the person cannot be found after trying hard to locate them.
Practical Interpretation
In practice, this section enables legal proceedings to move forward even if the summoned individual is absent, by allowing service through a family member.
Core Legal Purpose
The core purpose is to ensure that legal processes are not unduly delayed due to the unavailability of the summoned person, by providing an alternative method of service.
Key Legal Elements
- •The person summoned must be unavailable despite due diligence in searching for them.
- •The summons can be left with an adult family member residing with the summoned person.
- •The key legal test is the exercise of due diligence in attempting to find the summoned person.
- •A key exception is that a servant is not considered a family member for the purpose of this section.
Practical Example
Practical Example of Section 66 BNSS
Rajesh is summoned to court but cannot be found after a thorough search. The serving officer can then leave the summons with Rajesh's adult brother, Amit, who lives with him. Amit would be required to sign a receipt for the summons if asked by the officer.
Common Questions (FAQ)
Frequently Asked Questions about Section 66 BNSS
Q: What is the punishment or consequence under Section 66 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
The section applies to individuals who are summoned and cannot be found, regardless of their private or public status.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, it is a procedural provision for serving summons.
People Also Ask (PAA)
Common Questions about Section 66 BNSS
What is Section 66 of BNSS?
Section 66 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Service when persons summoned cannot be found". In plain terms: This section allows a summons to be served to a person's family member if the person cannot be found after trying hard to locate them.
What is the punishment under Section 66 of BNSS?
Section 66 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 66 of BNSS bailable or non-bailable?
Whether Section 66 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 66 of BNSS?
The essential elements of Section 66 of BNSS are: The person summoned must be unavailable despite due diligence in searching for them.; The summons can be left with an adult family member residing with the summoned person.; The key legal test is the exercise of due diligence in attempting to find the summoned person..
Landmark Case Laws
Landmark Judgments under Section 66 BNSS
Patnahcucisdb94 High Court (10 8)
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