(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 64, and shall return it to the Court under his signature with the endorsement required by that section. (2) Such signature shall be evidence of due service.
Bharatiya Nagarik Suraksha Sanhita
Section 68
Service on Government servant
Englishहिंदी
🔄 BNS equivalent: IPC Sec. 61⚖️ Bail Procedure Guide🔨 Punishment & Liability Guide🔍 Compare Old vs New
⚡ Quick Answer Reference: Section 68 BNSS
- Provision: Section 68 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: When a government employee is summoned to court, the court sends the summons to their head of office. The head of office then serves the summons to the employee and returns it to the court with a signature saying it was served.
Statutory Content
What does Section 68 of BNSS say?
Indian StandardSection 68, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 68 (India)
Court Pleading StandardSection 68 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/68
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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 68 of BNSS mean?
Plain English Explanation
When a government employee is summoned to court, the court sends the summons to their head of office. The head of office then serves the summons to the employee and returns it to the court with a signature saying it was served.
Practical Interpretation
This section ensures that government employees receive court summons in a timely and official manner. The head of office is responsible for serving the summons and providing proof of service to the court.
Core Legal Purpose
The core purpose of this section is to provide a formal and official process for serving court summons on government employees, ensuring they receive notice of court proceedings and can participate accordingly.
Key Legal Elements
- •The person summoned is in active service of the Government.
- •The Court issuing the summons shall send it in duplicate to the head of the office in which such person is employed.
- •The head of the office shall cause the summons to be served in the manner provided by section 64.
- •The signature of the head of the office shall be evidence of due service.
Practical Example
Practical Example of Section 68 BNSS
Rajesh, a government employee, is summoned to court for a civil case. The court sends the summons to his head of office, who serves it to Rajesh and returns it to the court with a signature saying it was served. This ensures that Rajesh receives notice of the court proceedings and can participate accordingly.
Common Questions (FAQ)
Frequently Asked Questions about Section 68 BNSS
Q: What is the punishment or consequence under Section 68 of BNSS?
There is no punishment or consequence under Section 68 of BNSS. This section only provides a procedural mechanism for serving court summons on government employees.
Q: Does this section apply to private individuals or public entities?
This section applies to government employees, which are public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not create an offence, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 68 BNSS
What is Section 68 of BNSS?
Section 68 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Service on Government servant". In plain terms: When a government employee is summoned to court, the court sends the summons to their head of office. The head of office then serves the summons to the employee and returns it to the court with a signature saying it was served.
What is the punishment under Section 68 of BNSS?
Section 68 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 68 of BNSS bailable or non-bailable?
Whether Section 68 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 68 of BNSS?
The essential elements of Section 68 of BNSS are: The person summoned is in active service of the Government.; The Court issuing the summons shall send it in duplicate to the head of the office in which such person is employed.; The head of the office shall cause the summons to be served in the manner provided by section 64..
What is the IPC equivalent of Section 68 of BNS?
Section 68 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 61 of the old Indian Penal Code (IPC). There was no material change in the provision.
Law Transition Mapping
Corresponds to Old Law
Old LawSection 61Code of Criminal Procedure (CrPC)
→This SectionSection 68Bharatiya Nagarik Suraksha Sanhita (BNSS)
✓ No material change in the provision.
View Old Law Equivalent →Compare Side-by-Side →Landmark Case Laws
Landmark Judgments under Section 68 BNSS
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