Section 70 BNSS: Proof of service in such cases and when serving officer not present

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 70 BNSS at a Glance

Section 70 BNSS deals with proof of service in such cases and when serving officer not present. It replaced Section 68 CrPC on 1 July 2024.

Was CrPC

Section 68 →

Section 70 BNSS Bare Act Text

(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.

Source: Section 70, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 70 BNSS in Simple Words

Section 70 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with proof of service of a summons. Under Section 70(1) BNSS, 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 the summons has been served, and 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 be admissible in evidence.

The statements made therein shall be deemed to be correct unless and until the contrary is proved. Under Section 70(2) BNSS, the affidavit may be attached to the duplicate of the summons and returned to the Court.

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.

When Section 70 BNSS Applies

  • 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.
  • An affidavit, purporting to be made before a Magistrate, that the summons has been served shall be admissible in evidence.
  • 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.
  • The statements made in the affidavit and the duplicate shall be deemed to be correct unless and until the contrary is proved.
  • Under Section 70(2) BNSS, the affidavit may be attached to the duplicate of the summons and returned to the Court.
  • 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.

Example of Section 70 BNSS

A Court in Jaipur issues a summons to Ravi, and the summons is served outside the local jurisdiction of the Court. The serving officer, Vikram, is not present at the hearing of the case. Under Section 70(1) BNSS, an affidavit, purporting to be made before a Magistrate, that the summons has been served, and a duplicate of the summons purporting to be endorsed by Ravi in the manner provided by Section 64 BNSS, are admissible in evidence. Under Section 70(2) BNSS, the affidavit may be attached to the duplicate of the summons and returned to the Court. If the summons was served through electronic communication under Sections 64 to 71 BNSS, both inclusive, Section 70(3) BNSS says that it shall be considered as duly served and that a copy of it shall be attested and kept as a proof of service of summons.

When Section 70 BNSS Does Not Apply

  • Section 70(1) BNSS speaks of an affidavit purporting to be made before a Magistrate. It does not deal with a summons served on a witness by registered post.
  • Section 70(3) BNSS speaks of a summons served through electronic communication. It does not deal with the service of a warrant of arrest.

Section 70 BNSS in the CrPC (Previous Law)

Section 70 BNSS replaced Section 68 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 70 BNSS

When is an affidavit of service admissible in evidence under Section 70 BNSS?▼

Section 70(1) BNSS says that 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 the summons has been served, shall be admissible in evidence.

What does Section 70(3) BNSS say about a summons served through electronic communication?▼

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.

What may be done with the affidavit under Section 70(2) BNSS?▼

Section 70(2) BNSS says that the affidavit may be attached to the duplicate of the summons and returned to the Court.

What changed from Section 68 CrPC to Section 70 BNSS from 1 July 2024?▼

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.

Section 70 BNSS: Sub-sections Explained

Section 70(1) BNSS: Proof of service in such cases and when serving officer not present

▶

Bare Act Text

(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.

Previous Law

CrPC 68 → Section 70(1) BNSS

Section 70(2) BNSS: Proof of service in such cases and when serving officer not present

▶

Bare Act Text

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

Previous Law

CrPC 68(2) → Section 70(2) BNSS

Section 70(3) BNSS: Proof of service in such cases and when serving officer not present

▶

Bare Act Text

(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.

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