Section 67 BNSS: Procedure when service cannot be effected as before provided

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 67 BNSS at a Glance

Section 67 BNSS deals with procedure when service cannot be effected as before provided. It replaced Section 65 CrPC on 1 July 2024.

Section 67 BNSS Bare Act Text

67. Procedure when service cannot be effected as before provided

If service cannot by the exercise of due diligence be effected as provided in section 64, section 65 or section 66, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

Source: Section 67, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 67 BNSS in Simple Words

Section 67 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies if service cannot by the exercise of due diligence be effected as provided in Section 64 BNSS, Section 65 BNSS or Section 66 BNSS.

The serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides.

The Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

When Section 67 BNSS Applies

  • Section 67 BNSS applies if service cannot by the exercise of due diligence be effected as provided in Section 64 BNSS, Section 65 BNSS or Section 66 BNSS.
  • The serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides.
  • The Court, after making such inquiries as it thinks fit, may declare that the summons has been duly served.
  • The Court may instead order fresh service in such manner as it considers proper.

Example of Section 67 BNSS

Sandeep is summoned by a Court, and service on Sandeep cannot by the exercise of due diligence be effected as provided in Section 64 BNSS, Section 65 BNSS or Section 66 BNSS. Under Section 67 BNSS, the serving officer affixes one of the duplicates of the summons to a conspicuous part of the house in which Sandeep ordinarily resides. The Court then makes such inquiries as it thinks fit, and may either declare that the summons has been duly served on Sandeep or order fresh service in such manner as it considers proper.

When Section 67 BNSS Does Not Apply

  • Section 67 BNSS speaks of a summons that cannot be served as provided in Section 64 BNSS, Section 65 BNSS or Section 66 BNSS. It does not deal with a warrant of arrest.
  • Section 67 BNSS speaks of the Court declaring that the summons has been duly served or ordering fresh service. It does not deal with what follows if the person summoned does not appear.

Section 67 BNSS in the CrPC (Previous Law)

Section 67 BNSS replaces Section 65 CrPC from the old criminal code.

Section 67 BNSS has the same heading and the same text as Section 65 CrPC. Section 67 BNSS refers to Section 64 BNSS, Section 65 BNSS or Section 66 BNSS where Section 65 CrPC referred to Section 62 CrPC, Section 63 CrPC or Section 64 CrPC.

View CrPC Section 65 โ†’

FAQs on Section 67 BNSS

When does Section 67 BNSS apply?โ–ผ

Section 67 BNSS applies if service cannot by the exercise of due diligence be effected as provided in Section 64 BNSS, Section 65 BNSS or Section 66 BNSS.

What does the serving officer do under Section 67 BNSS?โ–ผ

The serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides.

What may the Court do after the duplicate is affixed under Section 67 BNSS?โ–ผ

The Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

What changed from Section 65 CrPC to Section 67 BNSS from 1 July 2024?โ–ผ

Section 67 BNSS has the same heading and the same text as Section 65 CrPC. Section 67 BNSS refers to Section 64 BNSS, Section 65 BNSS or Section 66 BNSS where Section 65 CrPC referred to Section 62 CrPC, Section 63 CrPC or Section 64 CrPC.

Have questions about Section 67 BNSS?

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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 ยท Last updated: 21 Oct 2026 ยท