Chapter VI
Section 68 CrPC: Proof of service in such cases and when serving officer not present
New Law Update (2024)
Section 71 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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, stating 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.
Important Sub-Sections Explained
Section 68(1)
This sub-section outlines the two specific situations where an affidavit and endorsed summons duplicate can be used as proof of service: when the summons is served outside the court’s local area, or when the officer who served it is unavailable during the hearing. It establishes these documents as admissible evidence, presuming their contents to be correct unless proven otherwise.