Proof of service in such cases and when serving officer not present
Section 70 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with proof of service in such cases and when serving officer not present. 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 The Act came into force on 01 Jul 2024.
(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.
Section 70, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 68 Proof of service in such cases and when serving officer not present Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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 14
- s. 21 Courts by which offences are triable
- s. 71 Service of summons on witness
- s. 110 Reciprocal arrangements regarding processes
- 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. 396 Victim compensation scheme
- s. 397 Treatment of victims
and 2 more
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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Shyamkumar P.b. @ Shyam vs Union of India
Decided under Code of Criminal Procedure 68, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving cheque dishonour where the parties are willing to settle, the court should facilitate mediation and alternative dispute resolution mechanisms rather than adjudicating the constitutional validity of the substantive law, thereby promoting settlement and reducing litigation burden while protecting the interests of both parties through enforceable compromise agreements.
On this section: Provision under which summons was issued to the petitioner in the original criminal complaint case
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 70
What have the courts held on Section 70 of the Bharatiya Nagarik Suraksha Sanhita?
Shyamkumar P.b. @ Shyam vs Union of India (09 Aug 2017) is the leading judgment on this section among those set out below, though it was decided under CRPC 68, which this section replaced -- the court never mentioned this Act: Provision under which summons was issued to the petitioner in the original criminal complaint case.
How do I find court cases under Section 70 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 70, section 70 BNSS, section 70 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 70(2) and bnss 70 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shyamkumar P.b. @ Shyam vs Union of India (09 Aug 2017).
What should I read with Section 70 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 64 (Summons how served), section 66 (Service when persons summoned cannot be found), section 71 (Service of summons on witness), so none of them can safely be read on its own. 14 other provisions in this corpus refer back to it. It carries forward CrPC 68 (Proof of service in such cases and when serving officer not present), so the judgments decided under that provision are the case law on this one.
When did Section 70 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 70 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 70, 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.