- 13-Jan-2025
- Criminal Law
(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.
Section 68 outlines the procedure for serving summons on a government servant. When a government employee is summoned, the Court will typically send the summons in duplicate to the head of the relevant office. The head is then responsible for ensuring that the summons is served according to established procedures and must return it to the Court with their signature, which serves as proof of proper service.
The Court sends the summons in duplicate to the head of the office where the government servant is employed, who must then ensure it is served as per section 64.
The signature of the head of the office on the returned summons serves as evidence of due service.
The head of the office where the government servant is employed is responsible for serving the summons.
If a police officer is summoned and is currently employed by the government, the Court will send the summons to the chief of police, who will then ensure the officer receives it and returns a signed confirmation to the Court.
Section 68 of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifies the protocol for serving summons to government employees. It mandates that the Court send the summons to the head of the relevant office, who must ensure service and provide evidence of this by signing the returned document.
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