Section 67 BNSS: Procedure when service cannot be effected as before provided (Formerly Section 65 CrPC)

Section 67 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure when service cannot be effected as before provided

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 67

Section 67 prescribes the procedure when service cannot by the exercise of due diligence be effected under Sections 64, 65, or 66, providing for substituted service by affixation.

Failure of Ordinary Service: Personal and family service cannot be effected despite diligent efforts.
Affixation on Residence: Serving officer affixes a duplicate of the summons to some conspicuous part of the house or homestead where the person ordinarily resides.
Court Satisfaction: Court may, after making such inquiries as it thinks fit, either declare that the summons has been duly served or order fresh service.

Key Landmark Precedents:

Sushil Kumar Sabharwal v. Gurpreet Singh (2002) 5 SCC 377: The Supreme Court held that affixation without diligent efforts to serve personally is a nullity, and courts cannot mechanically declare service complete.
State of M.P. v. Pradeep Sharma (2014) 2 SCC 166: Emphasised that substituted service must strictly satisfy statutory verification before coercive warrants can issue.

Courtroom Practice & Strategic Litigation Guidance:

Check whether the process server obtained two independent local witnesses to the affixation. Affixation reports without local witness signatures or photographs violate Section 67.