Procedure when service cannot be effected as before provided
Section 67 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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; The Act came into force on 01 Jul 2024.
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.
Section 67, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 65 Procedure when service cannot be effected as before provided Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 10
- s. 21 Courts by which offences are triable
- s. 173 Information in cognizable cases
- s. 180 Examination of witnesses by police
- s. 183 Recording of confessions and statements
- s. 193 Report of police officer on completion of investigation
- s. 346 Power to postpone or adjourn proceedings
- s. 366 Court to be open
- s. 397 Treatment of victims
- s. 415 Appeals from convictions
- s. 418 Appeal by State Government against sentence
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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G.v. Harsha Kumar vs The State of Andhra Pradesh
Decided under Code of Criminal Procedure 65, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Before issuing a Non-Bailable Warrant, a court must conduct proper inquiry and record clear and cogent reasons to conclude that the accused is deliberately avoiding summons. The court cannot mechanically issue an NBW without verifying whether proper service of summons was effected according to the procedures laid down in Sections 62-65 CrPC. The issuance of NBW involves interference with personal liberty and therefore requires great caution and careful scrutiny of facts. A court's failure to conduct such inquiry and record reasons constitutes an abuse of process that can be corrected under Section 482 CrPC.
On this section: Service by affixing summons to conspicuous part of house if diligent service not effected; requires court inquiry
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G.v. Harsha Kumar vs The State of Andhra Pradesh
Decided under Code of Criminal Procedure 65, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Before issuing a Non-Bailable Warrant, a court must carefully examine the record and be personally satisfied with clear and cogent reasons that the accused is intentionally and deliberately evading service of summons. The court must conduct proper enquiry into the accused's claim of non-service and cannot mechanically issue a warrant based merely on the investigating agency's assertion of evasion. The issuance of NBW involves interference with personal liberty and therefore requires great caution and complete application of mind. Where an accused comes before the court with a specific allegation that he was not served with summons and had no knowledge of the case, the lower court's finding that he failed to furnish reasons for absence is unjustified.
On this section: Affixing summons to conspicuous part of house after due diligence; requires court to make due enquiries before declaring service; cited to emphasize court's duty to verify service
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 67
What have the courts held on Section 67 of the Bharatiya Nagarik Suraksha Sanhita?
G.v. Harsha Kumar vs The State of Andhra Pradesh (11 Dec 2019) is the leading judgment on this section among those set out below, though it was decided under CRPC 65, which this section replaced -- the court never mentioned this Act: Service by affixing summons to conspicuous part of house if diligent service not effected; requires court inquiry. Another 1 judgment on this section is set out below.
How do I find court cases under Section 67 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 67, section 67 BNSS, section 67 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 67a in hindi and bns 67 it act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with G.v. Harsha Kumar vs The State of Andhra Pradesh (11 Dec 2019).
What should I read with Section 67 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 64 (Summons how served), section 65 (Service of summons on corporate bodies, firms, and societies), section 66 (Service when persons summoned cannot be found), so none of them can safely be read on its own. 10 other provisions in this corpus refer back to it. It carries forward CrPC 65 (Procedure when service cannot be effected as before provided), so the judgments decided under that provision are the case law on this one.
When did Section 67 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 67 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 67, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.