Section 70 of BNSS : Section 70: Proof of service in such cases and when serving officer not present.
BNSS
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Explanation using Example
Example 1:
Scenario: Ramesh, a resident of Mumbai, is summoned by a court in Delhi to appear as a witness in a case.
Application of Section 70:
- The Delhi court issues a summons to Ramesh, which is served to him in Mumbai.
- The serving officer in Mumbai delivers the summons to Ramesh but is not required to be present at the Delhi court hearing.
- The serving officer makes an affidavit before a Magistrate in Mumbai, stating that the summons has been served to Ramesh.
- This affidavit, along with a duplicate of the summons endorsed by Ramesh, is sent back to the Delhi court.
- The Delhi court accepts the affidavit and the duplicate summons as evidence that Ramesh has been duly served, unless Ramesh can prove otherwise.
Example 2:
Scenario: Priya, who lives in Chennai, receives a summons via email from a court in Bangalore to appear f...
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