Provides a special procedure for service of summons on government servants through departmental channels.
Ensures effective and official communication of summons without disrupting administrative functioning.
Introduction
Section 68 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) prescribes the procedure for service of summons on a Government servant. Instead of personal service in the ordinary manner, the summons may be sent to the head of the office in which the Government servant is employed, who is then responsible for ensuring its delivery. This provision recognizes administrative structure and ensures reliable service through official supervision.
The section balances procedural efficiency with respect for institutional functioning in public administration.
Objective of the Provision
The objectives of Section 68 BNSS are
- to facilitate effective service of summons on Government servants
- to ensure communication through proper administrative hierarchy
- to prevent evasion or delay in service due to official duties
- to maintain procedural discipline in criminal proceedings involving public officials
The provision ensures certainty and authenticity in service through official channels.
Meaning / Concept
Service Through Head of Office
Unlike ordinary service on individuals, summons on a Government servant may be routed through the head of the department or office where the person is employed. This ensures that the summons reaches the concerned individual through recognized administrative authority.
Institutional Responsibility for Delivery
Once the summons is received by the head of office, responsibility arises to ensure that it is properly delivered to the Government servant concerned.
Thus, service becomes both procedurally valid and administratively accountable.
Detailed Explanation of the Section
Section 68 BNSS provides that
- where the person summoned is a Government servant
- the court may send the summons in duplicate to the head of the office in which such person is employed
- the head of office shall cause the summons to be served on the Government servant
- the head of office shall return one copy of the summons to the court with endorsement of service
Key features include
- service through departmental authority instead of direct personal delivery
- responsibility placed on head of office for execution of service
- requirement of endorsement confirming service
- recognition of administrative hierarchy in procedural law
These safeguards ensure reliability of service on public officials.
Procedure or Legal Framework
The procedural framework under Section 68 BNSS generally includes
- issuance of summons by competent court
- forwarding of summons in duplicate to head of department or office
- service of summons on Government servant by departmental authority
- endorsement of service on duplicate copy
- return of endorsed copy to issuing court as proof of service
This structured mechanism ensures traceable and verifiable service.
Judicial Interpretation
Courts have emphasized the importance of proper service of summons on Government officials through authorized channels.
In State of Punjab v. Shamlal Murari (1976) 1 SCC 719, the Supreme Court stressed that procedural requirements relating to service must be followed strictly to ensure fairness in legal proceedings.
In Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. (2001) 7 SCC 401, the Court reiterated that valid service of summons is essential before compelling appearance in criminal proceedings.
In Sunil Poddar v. Union Bank of India (2008) 2 SCC 326, the Supreme Court observed that proper service of process is a foundational requirement of natural justice.
These decisions reinforce the importance of compliance with statutory service procedures under Section 68 BNSS.
Importance of the Provision
Section 68 BNSS is important because
- it ensures proper service of summons on Government servants through official channels
- it avoids disruption of administrative functioning
- it strengthens reliability of service records
- it promotes procedural discipline in criminal proceedings involving public officials
The provision supports institutional coordination between courts and public administration.
Connection with Other Sections
Section 68 BNSS operates alongside related provisions governing service of summons
- Section 63 BNSS – Form of summons
- Section 64 BNSS – Summons how served
- Section 66 BNSS – Service when persons summoned cannot be found
- Section 71 BNSS – Proof of service
Corresponding Provision under Old Law
Section 68 BNSS corresponds to Section 66 of the Code of Criminal Procedure, 1973.
Illustrative Example
A court issues summons to a Government school teacher required to appear as a witness. The summons is sent to the school principal as head of the institution. The principal serves the summons on the teacher and returns the endorsed duplicate copy to the court. This constitutes valid service under Section 68 BNSS.
Conclusion
Section 68 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a structured method for service of summons on Government servants through departmental authorities. By ensuring authenticated delivery through the head of office, the provision promotes procedural efficiency and administrative coordination in criminal proceedings.
