Section 68 of CrPC : Section 68: Proof of service in such cases and when serving officer not present.

Explanation using Example

Example 1:

Rajesh lives in Mumbai, and he is a witness in a criminal case being heard in a Delhi court. The Delhi court issues a summons for Rajesh to appear as a witness. The summons is served to Rajesh by a police officer in Mumbai. On the day of the hearing, the police officer who served the summons in Mumbai is not present in the Delhi court to testify that he served the summons. Instead, an affidavit made before a Magistrate in Mumbai, stating that the summons was served to Rajesh, is presented in the Delhi court. Along with the affidavit, a duplicate of the summons endorsed by Rajesh is also submitted. According to Section 68 of The Code of Criminal Procedure 1973, this affidavit and the endorsed duplicate summons are admissible as evidence, and the statements made in the affidavit are presumed to be correct unless proven otherwise.

Example 2:

Priya, who resides in Chennai, is required to appear in a criminal case in a Bangalore court. The Bangalore court issues a summons, which is served to Priya by a police officer in Chennai. On the hearing date, the police officer from Chennai cannot be present in the Bangalore court. Instead, an affidavit made before a Magistrate in Chennai, confirming that the summons was served to Priya, is sent to the Bangalore court. This affidavit is attached to a duplicate of the summons, which has been endorsed by Priya. According to Section 68 of The Code of Criminal Procedure 1973, the affidavit and the endorsed duplicate summons are accepted as evidence in the Bangalore court, and the information in the affidavit is considered accurate unless proven otherwise.