When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.
Bharatiya Nagarik Suraksha Sanhita
Section 69
Service of summons outside local limits
Englishहिंदी
⚡ Quick Answer Reference: Section 69 BNSS
- Provision: Section 69 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: This section allows a court to serve a summons outside its local area by sending it to a magistrate in the area where the person to be summoned resides or is located.
Statutory Content
What does Section 69 of BNSS say?
Indian StandardSection 69, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 69 (India)
Court Pleading StandardSection 69 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/69
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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 69 of BNSS mean?
Plain English Explanation
This section allows a court to serve a summons outside its local area by sending it to a magistrate in the area where the person to be summoned resides or is located.
Practical Interpretation
In practice, this section facilitates the service of summons across different jurisdictions, ensuring that legal processes can be initiated and executed efficiently even when parties are located outside the court's local limits.
Core Legal Purpose
The core purpose is to enable courts to extend their jurisdiction for serving summons, thereby ensuring that legal proceedings are not hindered by geographical limitations.
Key Legal Elements
- •The court must desire that a summons be served outside its local jurisdiction.
- •The summons must be sent in duplicate to a magistrate within whose local jurisdiction the person summoned resides or is to be served.
- •The key legal test is the court's desire for service outside its jurisdiction and the existence of a magistrate with local jurisdiction over the person to be summoned.
- •A key limitation is that this process is ordinarily to be followed, implying exceptions may exist based on specific circumstances or higher legal directives.
Practical Example
Practical Example of Section 69 BNSS
Rajesh, a resident of Mumbai, is to be summoned by a court in Delhi. The Delhi court, desiring to serve the summons, sends it in duplicate to a magistrate in Mumbai, within whose local jurisdiction Rajesh resides. This process allows the Delhi court to effectively initiate legal proceedings against Rajesh despite the geographical distance.
Common Questions (FAQ)
Frequently Asked Questions about Section 69 BNSS
Q: What is the punishment or consequence under Section 69 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 process of serving summons, which can involve both private individuals and public entities, depending on the context of the legal proceedings.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences in terms of bailability or cognizability; it is concerned with the procedural aspect of serving summons.
People Also Ask (PAA)
Common Questions about Section 69 BNSS
What is Section 69 of BNSS?
Section 69 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Service of summons outside local limits". In plain terms: This section allows a court to serve a summons outside its local area by sending it to a magistrate in the area where the person to be summoned resides or is located.
What is the punishment under Section 69 of BNSS?
Section 69 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 69 of BNSS bailable or non-bailable?
Whether Section 69 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 69 of BNSS?
The essential elements of Section 69 of BNSS are: The court must desire that a summons be served outside its local jurisdiction.; The summons must be sent in duplicate to a magistrate within whose local jurisdiction the person summoned resides or is to be served.; The key legal test is the court's desire for service outside its jurisdiction and the existence of a magistrate with local jurisdiction over the person to be summoned..
Landmark Case Laws
Landmark Judgments under Section 69 BNSS
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Patnahcucisdb94 High Court (10 8)
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Patnahcucisdb94 High Court (10 8)
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