Section 68 BNSS: Service on Government servant (Formerly Section 66 CrPC)

Section 68 of Bharatiya Nagarik Suraksha Sanhita, 2023: Service on Government servant

Official Bare Act Text

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

(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.

Legal Commentary & Landmark Judgments: Section 68

Section 68 regulates the service of summons on government servants, mandating that the court shall ordinarily send the summons in duplicate to the head of the office in which such person is employed.

Government Servant Target: Applies to civil servants, police personnel, and public officers in active service.
Transmission to Head of Office: Court transmits summons in duplicate to the head of the department/office.
Statutory Return: Head of office serves the summons in the manner provided by Section 64, returns it to court under signature with endorsement, which stands as conclusive proof of service.

Key Landmark Precedents:

State of U.P. v. Singhara Singh AIR 1964 SC 358: Affirmed that when the law prescribes a specific mode of serving official witnesses, that mode alone must be observed.
State of Gujarat v. Kansara Manilal Bhikhalal AIR 1964 SC 1893: Reiterated the administrative sanctity of transmitting court processes through departmental heads.

Courtroom Practice & Strategic Litigation Guidance:

When summoning doctor witnesses, forensic experts, or investigating officers, always request issuance through the Head of Office / Civil Surgeon / SP under Section 68 to ensure binding departmental compliance.