Section 70 BNSS: Proof of service in such cases and when serving officer not present (Formerly Section 68 CrPC)

Section 70 of Bharatiya Nagarik Suraksha Sanhita, 2023: Proof of service in such cases and when serving officer not present

Official Bare Act Text

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

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 70

Section 70 prescribes the mode of proof of service when a summons issued by a court is served outside its local jurisdiction, and in any case where the serving officer is not present at the hearing of the case.

Absence of Serving Officer: Serving officer is not physically present in court to give oral evidence of service.
Affidavit of Service: An affidavit purporting to be made before a Magistrate that such summons has been served is admissible in evidence.
Prima Facie Correctness: Statements in the affidavit of service are deemed correct unless and until the contrary is proved.

Key Landmark Precedents:

Chajoo Ram v. Radhey Shyam (1971) 1 SCC 774: The Supreme Court noted that affidavits of service must state facts precisely, identifying the exact recipient and date of service.
Sushil Kumar Sabharwal v. Gurpreet Singh (2002) 5 SCC 377: Held that an unverified process server's endorsement without a sworn affidavit cannot be accepted as conclusive proof of service.

Courtroom Practice & Strategic Litigation Guidance:

If the court attempts to issue a Non-Bailable Warrant (NBW) based on an unsworn scribbled bailiff report, object under Section 70: A sworn affidavit or examination of the server is mandatory before coercive warrants can issue.