(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 therein shall be deemed to be correct unless and until the contrary is proved. (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 sections 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.
Bharatiya Nagarik Suraksha Sanhita
Section 70
Proof of service in such cases and when serving officer not present
⚡ Quick Answer Reference: Section 70 BNSS
- Provision: Section 70 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: When a court summons is served outside its local area or the officer who served it can't attend court, an affidavit and a copy of the summons can be used as proof of service. This affidavit must be made before a magistrate and include details of how the summons was served.
What does Section 70 of BNSS say?
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What does Section 70 of BNSS mean?
Plain English Explanation
When a court summons is served outside its local area or the officer who served it can't attend court, an affidavit and a copy of the summons can be used as proof of service. This affidavit must be made before a magistrate and include details of how the summons was served.
Practical Interpretation
In real-life situations, this section helps ensure that court proceedings can continue even if the serving officer is not present. The affidavit and summons copy serve as evidence that the summons was properly served, allowing the court to proceed with the case.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for proving service of a court summons in situations where the serving officer is not available. This ensures that the court can continue with the case without unnecessary delays.
- •The summons was issued by a court.
- •The summons was served outside the local jurisdiction of the court.
- •The serving officer is not present at the hearing of the case.
- •The affidavit is made before a magistrate and includes details of how the summons was served.
Practical Example of Section 70 BNSS
Rajesh, a resident of Mumbai, is sued in a court in Delhi. The summons is served on him by an officer from the Delhi court. However, the officer is not present at the hearing of the case in Delhi. To prove service, Rajesh's lawyer attaches an affidavit to the summons, which states that the summons was served on Rajesh in Mumbai. The affidavit is made before a magistrate in Mumbai and includes details of how the summons was served. This affidavit and the summons copy are then returned to the Delhi court as proof of service.
Frequently Asked Questions about Section 70 BNSS
Q: What is the punishment or consequence under Section 70 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?
This section applies to both private individuals and public entities, as it deals with the service of court summons.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 70 BNSS
What is Section 70 of BNSS?
Section 70 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Proof of service in such cases and when serving officer not present". In plain terms: When a court summons is served outside its local area or the officer who served it can't attend court, an affidavit and a copy of the summons can be used as proof of service. This affidavit must be made before a magistrate and include details of how the summons was served.
What is the punishment under Section 70 of BNSS?
Section 70 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 70 of BNSS bailable or non-bailable?
Section 70 of BNSS is generally a Non-Bailable offence under Indian criminal procedure.
What are the elements of Section 70 of BNSS?
The essential elements of Section 70 of BNSS are: The summons was issued by a court.; The summons was served outside the local jurisdiction of the court.; The serving officer is not present at the hearing of the case..
Landmark Judgments under Section 70 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 70
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