CrPC 68→BNSS 70

CrPC 68 to BNSS 70: Proof of service in such cases and when serving officer not present

Section 68 CrPC (1973) replaced by Section 70 BNSS (2023)

View CrPC Section 68 →View BNSS Section 70 →

CrPC 68 to BNSS 70 at a Glance

Section 68 CrPC (Proof of service in such cases and when serving officer not present) is now Section 70 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 68 to BNSS 70?

Section 70 BNSS has the same heading as Section 68 CrPC. Section 70(1) BNSS refers to Section 64 BNSS and Section 66 BNSS where Section 68(1) CrPC referred to Section 62 CrPC and Section 64 CrPC. Section 70(2) BNSS carries the words of Section 68(2) CrPC. Section 70(3) BNSS adds that all summons served through electronic communication under Sections 64 to 71 BNSS, 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, and Section 68 CrPC has no counterpart to it.

CrPC 68 vs BNSS 70: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section6870
HeadingProof of service in such cases and when serving officer not presentSame
Sub-sections2 sub-sections3 sub-sections
Cross-referencess.62s.64

CrPC 68 and BNSS 70: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 68, CrPC 1973

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.
BNSS 2023 (in force)

Section 70, BNSS 2023

70. 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 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.

When It Applies: CrPC 68 vs BNSS 70

Under CrPC 68
  1. Section 68(1) CrPC applies 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.
  2. An affidavit, purporting to be made before a Magistrate, that the summons has been served shall be admissible in evidence.
  3. A duplicate of the summons purporting to be endorsed, in the manner provided by Section 62 CrPC or Section 64 CrPC, by the person to whom it was delivered or tendered or with whom it was left shall also be admissible in evidence.
  4. The statements made in the affidavit and the duplicate shall be deemed to be correct unless and until the contrary is proved.
  5. Under Section 68(2) CrPC, the affidavit may be attached to the duplicate of the summons and returned to the Court.
Under BNSS 70
  1. Section 70(1) BNSS applies 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.
  2. An affidavit, purporting to be made before a Magistrate, that the summons has been served shall be admissible in evidence.
  3. A duplicate of the summons purporting to be endorsed, in the manner provided by Section 64 BNSS or Section 66 BNSS, by the person to whom it was delivered or tendered or with whom it was left shall also be admissible in evidence.
  4. The statements made in the affidavit and the duplicate shall be deemed to be correct unless and until the contrary is proved.
  5. Under Section 70(2) BNSS, the affidavit may be attached to the duplicate of the summons and returned to the Court.
  6. Under Section 70(3) BNSS, all summons served through electronic communication under Sections 64 to 71 BNSS, 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 CrPC 68 to BNSS 70 Means in Practice

Section 68(1) CrPC is found in Section 70(1) BNSS and Section 68(2) CrPC in Section 70(2) BNSS. Section 70(3) BNSS adds that a copy of a summons served through electronic communication shall be attested and kept as a proof of service of summons.

FAQs: CrPC 68 to BNSS 70

Where is Section 68 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 68(1) CrPC is found in Section 70(1) BNSS and Section 68(2) CrPC in Section 70(2) BNSS. Section 70(3) BNSS has no counterpart in Section 68 CrPC.

Is the text of Section 70 BNSS the same as Section 68 CrPC?▼

Section 70 BNSS has the same heading as Section 68 CrPC, but the text differs. Section 70(1) BNSS refers to Section 64 BNSS and Section 66 BNSS where Section 68(1) CrPC referred to Section 62 CrPC and Section 64 CrPC, and Section 70(3) BNSS has no counterpart in Section 68 CrPC.

What does Section 70(3) BNSS add to Section 68 CrPC?▼

Section 70(3) BNSS says that all summons served through electronic communication under Sections 64 to 71 BNSS, 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.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·