BNSS §70
service in such cases and when serving officer not present.
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Comparison
68. 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 62 or section 64) 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.
70.
(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 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons.
What changedAI-inferred
Proof of service in such cases — BNSS 70 expands with electronic mode of service.
Old position
CrPC 68 is concerned with Proof of service in such cases and when serving officer not present. Proof of service in such cases and when serving officer not present
New position
BNSS 70 modifies the framework. Topic: service in such cases and when serving officer not present.. 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
BNSS 70 modifies CrPC 68. Proof of service in such cases — BNSS 70 expands with electronic mode of service. BNSS 70 text: 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...
Editorial deltaAI-indicated (source-linked)
BNSS 70 carries forward CrPC 68's framework for proof of service of summons in cases where the summons is served outside the local jurisdiction of the issuing Court or where the serving officer is not present at the hearing. The affidavit-and-endorsed-duplicate proof mechanism is preserved character-identically; the cross-references to the modes-of-service sections (CrPC ss.64, 66) are renumbered to BNSS counterparts. BNSS 70 extract is slightly longer than CrPC 68, suggesting downstream sub-sections include refined specifics that are partly visible.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 68 continues to apply. For matters from that date forward, BNSS 70 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 70 (service in such cases and when serving officer not present.). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §68 → BNSS §70 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/70.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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