Section 66 BNSS: Service when persons summoned cannot be found

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 66 BNSS at a Glance

Section 66 BNSS deals with service when persons summoned cannot be found. It replaced Section 64 CrPC on 1 July 2024.

Was CrPC

Section 64 →

Section 66 BNSS Bare Act Text

66. Service when persons summoned cannot be found

Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

Explanation

A servant is not a member of the family within the meaning of this section.

Source: Section 66, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 66 BNSS in Simple Words

Section 66 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the service of a summons where the person summoned cannot be found. Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for the person summoned with some adult member of the family residing with the person summoned.

The person with whom the summons is so left shall, if so required by the serving officer, sign a receipt on the back of the other duplicate. The Explanation says that a servant is not a member of the family within the meaning of Section 66 BNSS.

When Section 66 BNSS Applies

  • Section 66 BNSS applies where the person summoned cannot, by the exercise of due diligence, be found.
  • In that case, the summons may be served by leaving one of the duplicates for the person summoned with some adult member of the family residing with the person summoned.
  • The person with whom the summons is so left shall sign a receipt on the back of the other duplicate if the serving officer so requires.
  • The Explanation says that a servant is not a member of the family within the meaning of Section 66 BNSS.

Example of Section 66 BNSS

A Court issues a summons to Sanjay. The serving officer, Vikram, cannot, by the exercise of due diligence, find Sanjay. Under Section 66 BNSS, Vikram may leave one of the duplicates of the summons for Sanjay with Prakash, an adult member of the family of Sanjay residing with Sanjay. Prakash signs a receipt on the back of the other duplicate if Vikram so requires. A servant residing in the house of Sanjay is not a member of the family within the meaning of Section 66 BNSS.

When Section 66 BNSS Does Not Apply

  • Section 66 BNSS speaks of a person summoned who cannot, by the exercise of due diligence, be found. It does not deal with a summons served personally on the person summoned.
  • Section 66 BNSS speaks of a member of the family of the person summoned. It does not deal with the service of a summons on a company or a firm.

Section 66 BNSS in the CrPC (Previous Law)

Section 66 BNSS replaces Section 64 CrPC from the old criminal code.

Section 66 BNSS has the same heading and the same Explanation as Section 64 CrPC. Section 66 BNSS reads some adult member of his family residing with him where Section 64 CrPC read some adult male member of his family residing with him.

View CrPC Section 64 →

FAQs on Section 66 BNSS

When may a summons be left with a member of the family under Section 66 BNSS?▼

Section 66 BNSS says that where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for the person summoned with some adult member of the family residing with the person summoned.

Is a servant a member of the family under Section 66 BNSS?▼

No. The Explanation to Section 66 BNSS says that a servant is not a member of the family within the meaning of Section 66 BNSS.

What receipt is signed under Section 66 BNSS?▼

Section 66 BNSS says that the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt on the back of the other duplicate.

What changed from Section 64 CrPC to Section 66 BNSS from 1 July 2024?▼

Section 66 BNSS has the same heading and the same Explanation as Section 64 CrPC. Section 66 BNSS reads some adult member of his family residing with him where Section 64 CrPC read some adult male member of his family residing with him.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·