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 for a civil case.

Application of Section 70:

  1. The Bangalore court issues a summons to Priya, which is served through electronic communication (email) as per sections 64 to 71.
  2. The email containing the summons is sent to Priya's registered email address.
  3. A copy of the email and the summons is attested and kept as proof of service by the court.
  4. Priya receives the email and acknowledges the receipt.
  5. The Bangalore court considers the electronic communication as duly served, and the attested copy of the email serves as evidence of the service of summons.

Example 3:

Scenario: A court in Kolkata issues a summons to Anil, who resides in Hyderabad, to appear in a criminal case.

Application of Section 70:

  1. The Kolkata court issues a summons to Anil, which is served to him in Hyderabad.
  2. The serving officer in Hyderabad delivers the summons to Anil but cannot attend the hearing in Kolkata.
  3. The serving officer makes an affidavit before a Magistrate in Hyderabad, confirming that the summons has been served to Anil.
  4. This affidavit, along with a duplicate of the summons endorsed by Anil, is sent back to the Kolkata court.
  5. The Kolkata court accepts the affidavit and the duplicate summons as evidence that Anil has been duly served, unless Anil can prove otherwise.