If service cannot by the exercise of due diligence be effected as provided in section 64, section 65 or section 66, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.
Bharatiya Nagarik Suraksha Sanhita
Section 67
Procedure when service cannot be effected as before provided
Englishहिंदी
⚡ Quick Answer Reference: Section 67 BNSS
- Provision: Section 67 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: If serving a summons cannot be done as usual, the officer will post a copy at the person's home and the court will decide if this is enough or if another attempt should be made.
Statutory Content
What does Section 67 of BNSS say?
Indian StandardSection 67, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 67 (India)
Court Pleading StandardSection 67 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/67
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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 67 of BNSS mean?
Plain English Explanation
If serving a summons cannot be done as usual, the officer will post a copy at the person's home and the court will decide if this is enough or if another attempt should be made.
Practical Interpretation
In practice, this section provides an alternative method for serving a summons when the usual methods fail, ensuring the legal process can continue.
Core Legal Purpose
The purpose is to ensure that legal proceedings are not hindered by the inability to serve a summons through conventional means, providing a backup procedure.
Key Legal Elements
- •The serving officer must have exercised due diligence in attempting to serve the summons as provided in sections 64, 65, or 66.
- •The serving officer must affix a duplicate of the summons to a conspicuous part of the house or homestead.
- •The court must make inquiries it thinks fit before deciding on the service.
- •The court has the discretion to either declare the summons duly served or order fresh service.
Practical Example
Practical Example of Section 67 BNSS
Rajesh is summoned to court, but the serving officer cannot find him at his usual residence. The officer then affixes a copy of the summons to Rajesh's house door. The court later inquires about the service and, satisfied, declares the summons duly served, allowing the case against Rajesh to proceed.
Common Questions (FAQ)
Frequently Asked Questions about Section 67 BNSS
Q: What is the punishment or consequence under Section 67 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 the serving of summons in general and does not specify its applicability to only private individuals or public entities, implying it could apply to both in the context of serving a summons.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences but rather with the procedure for serving a summons, thus it is neither bailable nor cognizable as it is not related to criminal offences.
People Also Ask (PAA)
Common Questions about Section 67 BNSS
What is Section 67 of BNSS?
Section 67 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure when service cannot be effected as before provided". In plain terms: If serving a summons cannot be done as usual, the officer will post a copy at the person's home and the court will decide if this is enough or if another attempt should be made.
What is the punishment under Section 67 of BNSS?
Section 67 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 67 of BNSS bailable or non-bailable?
Whether Section 67 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 67 of BNSS?
The essential elements of Section 67 of BNSS are: The serving officer must have exercised due diligence in attempting to serve the summons as provided in sections 64, 65, or 66.; The serving officer must affix a duplicate of the summons to a conspicuous part of the house or homestead.; The court must make inquiries it thinks fit before deciding on the service..
Landmark Case Laws
Landmark Judgments under Section 67 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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