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:

  1. The Delhi court issues a summons to Ramesh, which is served to him in Mumbai.
  2. The serving officer in Mumbai delivers the summons to Ramesh but is not required to be present at the Delhi court hearing.
  3. The serving officer makes an affidavit before a Magistrate in Mumbai, stating that the summons has been served to Ramesh.
  4. This affidavit, along with a duplicate of the summons endorsed by Ramesh, is sent back to the Delhi court.
  5. 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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