Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 70: Proof of service in such cases and when serving officer not present.
(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 shall be considered as duly served and a copy of such electronic summons shall be attested and kept as a proof of service of summons.
Brefe Detail
Section 70 outlines the procedure for proving the service of summons issued by a Court, particularly when served outside its jurisdiction or when the serving officer is not present during the hearing. It establishes that affidavits and endorsed duplicates serve as evidence of service, with provisions for electronic communication.
Question & Answers
What happens when a summons is served outside the local jurisdiction?
An affidavit made before a Magistrate and a duplicate of the summons endorsed by the person it was delivered to serve as proof of service.
What if the serving officer is not present at the hearing?
An affidavit and the endorsed duplicate can be used as evidence of service.
Are electronic communications considered valid for serving summons?
Yes, all summons served through electronic communication are considered duly served.
Example
1. Scenario: A summons is served to a witness in another state.
Procedure: The officer sends an affidavit and the duplicate of the summons to the Court, confirming service.
2. Scenario: A police officer serves a summons but cannot attend the hearing.
Procedure: The officer submits an affidavit attesting to the service along with the endorsed duplicate.
Summary
Section 70 provides a framework for proving the service of summons, focusing on situations where service occurs outside local jurisdiction or when the serving officer cannot be present. It emphasizes the admissibility of affidavits and electronic communication as valid proof of service.
