BNSS 70 — Proof of service in such cases and when serving officer not present.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory 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,
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.

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