Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 67: Procedure when service cannot be effected as before provided.
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.
Brefe Detail
Section 67 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedure to be followed when service of a summons cannot be completed as described in previous sections (64, 65, or 66). In such cases, the serving officer is required to affix one duplicate of the summons to a visible location at the residence of the person summoned. The Court, after conducting any necessary inquiries, has the discretion to either declare the summons as duly served or to order fresh service in an appropriate manner.
Question & Answers
Q: What should be done if service cannot be effected as outlined in earlier sections?
A: If service cannot be effected, the serving officer must affix one duplicate of the summons to a conspicuous part of the person's residence.
Q: What happens after the summons is affixed to the house?
A: The Court may make inquiries and can either declare the summons as duly served or order fresh service as it deems appropriate.
Q: What sections are referenced for the procedures of serving summons?
A: Sections 64, 65, and 66 are referenced for the procedures of serving summons.
Example
- If a serving officer cannot find the summoned person after multiple attempts, they can attach a duplicate of the summons to the front door of the person's home.
- After affixing the summons, the Court may investigate to determine if the service was adequate.
Summary
Section 67 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a contingency procedure for serving summons when traditional methods fail. It allows the serving officer to affix a duplicate of the summons at the summoned person's residence, enabling the Court to assess the situation and decide whether the summons was properly served or if further action is required.
