CODE OF CRIMINAL PROCEDURE, 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
68. Proof of service in such cases and when serving officer not present
70. Proof of service in such cases and when serving officer not present
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
CODE OF CRIMINAL PROCEDURE, 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.
Legacy / repealed by BNSS India Code — CrPC 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 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.
Current law India Code — BNSS 2023