Section 68 CrPC: Proof of service in such cases and when serving officer not present

Code of Criminal Procedure, 1973

Section 68 CrPC at a Glance

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

Now BNSS

Section 70 →

What Section 68 CrPC Says

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.

Source: Section 68, Code of Criminal Procedure, 1973

Section 68 CrPC in Simple Words

Section 68 of the Code of Criminal Procedure, 1973 deals with proof of service of a summons. It 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.

Under Section 68(1) CrPC, 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 62 CrPC or Section 64 CrPC, 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 68(2) CrPC, the affidavit may be attached to the duplicate of the summons and returned to the Court.

When Section 68 CrPC Applies

  • 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.
  • 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 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.
  • The statements made in the affidavit and the duplicate shall be deemed to be correct unless and until the contrary is proved.
  • Under Section 68(2) CrPC, the affidavit may be attached to the duplicate of the summons and returned to the Court.

Example of Section 68 CrPC

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 68(1) CrPC, 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 62 CrPC, are admissible in evidence. The statements made therein are deemed to be correct unless and until the contrary is proved. Under Section 68(2) CrPC, the affidavit may be attached to the duplicate of the summons and returned to the Court.

When Section 68 CrPC Does Not Apply

  • Section 68(1) CrPC 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 68 CrPC speaks of proof of service of a summons. It does not deal with the form of a summons.

Section 68 CrPC Under BNSS 70: What Changed

Section 68 CrPC is now covered under Section 70 BNSS.

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.

View detailed comparison (CrPC 68 vs BNSS 70) →

FAQs on Section 68 CrPC

When is an affidavit of service admissible in evidence under Section 68 CrPC?▼

Section 68(1) CrPC 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 68 CrPC say about the statements in the affidavit?▼

Section 68(1) CrPC says that the statements made therein shall be deemed to be correct unless and until the contrary is proved.

What may be done with the affidavit under Section 68(2) CrPC?▼

Section 68(2) CrPC says that the affidavit may be attached to the duplicate of the summons and returned to the Court.

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. The references in Section 68(1) CrPC to Section 62 CrPC and Section 64 CrPC are found as references to Section 64 BNSS and Section 66 BNSS in Section 70(1) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·