Service on Government servant
Section 68 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with service on Government servant. Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; The Act came into force on 01 Jul 2024.
(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 64, and shall return it to the Court under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.
Section 68, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 66 Service on Government servant Text carried over almost unchanged 99%
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 The repealed enactment still governs what happened while it was in force.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 11
- 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. 218 Prosecution of Judges and public servants
- 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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Md.chhotu vs State of Bihar
Decided under Code of Criminal Procedure 66, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused is caught at the crime scene with incriminating articles in a case involving serious charges such as attempted murder and illegal arms possession, bail should not be granted as the evidence of guilt appears strong and the accused poses a risk to public safety.
On this section: Procedure for summoning witnesses - directed to be pressed by trial court
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Ajay Ram vs State of Bihar
Decided under Code of Criminal Procedure 66, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a bail application is withdrawn at the trial's advanced stage, the High Court may permit such withdrawal while simultaneously directing the trial court to take stringent procedural measures to address legitimate grievances regarding witness non-appearance, particularly of investigating officers, by invoking Section 66 Cr.P.C. to compel their production through senior police administration.
On this section: Section 66 Cr.P.C. was invoked to compel the production of the investigating officer. The court directed that senior police officials be contacted by pressing Section 66 into service to ensure the IO's appearance for evidence in the trial court.
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 68
What have the courts held on Section 68 of the Bharatiya Nagarik Suraksha Sanhita?
Md.chhotu vs State of Bihar (19 Aug 2010) is the leading judgment on this section among those set out below, though it was decided under CRPC 66, which this section replaced -- the court never mentioned this Act: Procedure for summoning witnesses - directed to be pressed by trial court. Another 1 judgment on this section is set out below.
How do I find court cases under Section 68 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 68, section 68 BNSS, section 68 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 68 69. 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 Md.chhotu vs State of Bihar (19 Aug 2010).
What should I read with Section 68 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 64 (Summons how served), so none of them can safely be read on its own. 11 other provisions in this corpus refer back to it. It carries forward CrPC 66 (Service on Government servant), so the judgments decided under that provision are the case law on this one.
When did Section 68 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 68 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 68, 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.