Allows substituted service of summons when the person cannot be located after due diligence.
Ensures continuity of criminal proceedings despite temporary absence or evasion by the summoned person.
Introduction
Section 66 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the procedure for service of summons when the person summoned cannot be found despite reasonable efforts. The provision authorizes substituted service by leaving a duplicate copy of the summons with an adult member of the person’s family residing with them. It ensures that criminal proceedings are not frustrated due to the temporary absence or deliberate avoidance by the summoned individual.
The section supports procedural fairness by balancing the need for effective service with the right to proper notice.
Objective of the Provision
The objectives of Section 66 BNSS are
- to provide an alternative mode of service where personal service is not possible
- to prevent evasion of summons by the person summoned
- to ensure continuity of criminal proceedings
- to maintain procedural efficiency in service of process
The provision ensures that absence of the summoned person does not obstruct administration of justice.
Meaning / Concept
Substituted Service Through Family Member
Where the person summoned cannot be located after reasonable efforts, service may be effected by delivering the summons to an adult member of the family residing with the person.
This method is recognized as valid substituted service under criminal procedure.
Requirement of Due Diligence
The serving officer must first attempt personal service before resorting to substituted service. Only after failure of reasonable efforts does Section 66 become applicable.
Thus, substituted service operates as a secondary method rather than the primary mode of service.
Detailed Explanation of the Section
Section 66 BNSS provides that
- where the person summoned cannot be found after due diligence
- the serving officer may leave one duplicate copy of the summons with an adult member of the family residing with the person summoned
- the receiving family member must acknowledge receipt where possible
However, the section clarifies that
- a servant is not considered a member of the family for this purpose
Key features include
- applicability only after reasonable efforts to locate the person
- substituted service through adult family member
- requirement of residence with the summoned person
- exclusion of servants from the definition of family member
These safeguards ensure that substituted service remains reliable and lawful.
Procedure or Legal Framework
The procedural framework under Section 66 BNSS generally includes
- attempt at personal service of summons under Section 64 BNSS
- inability to locate the summoned person after reasonable efforts
- identification of an adult family member residing with the person
- delivery of duplicate copy of summons to such family member
- recording acknowledgement or circumstances of service by serving officer
- submission of service report before the issuing court
This process ensures evidentiary reliability of substituted service.
Judicial Interpretation
Courts have consistently emphasized that substituted service must follow strict compliance with statutory conditions.
In Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. (2001) 7 SCC 401, the Supreme Court held that proper service of summons is essential before proceeding against an accused.
In Sunil Poddar v. Union Bank of India (2008) 2 SCC 326, the Court observed that substituted service must be effected strictly in accordance with statutory requirements to ensure fairness.
In State of Punjab v. Shamlal Murari (1976) 1 SCC 719, the Supreme Court emphasized that procedural safeguards in service of process are integral to natural justice.
These decisions reinforce the necessity of strict compliance with Section 66 BNSS.
Importance of the Provision
Section 66 BNSS is important because
- it prevents evasion of summons by temporary absence of the accused
- it ensures continuity of criminal proceedings
- it provides a lawful alternative to personal service
- it strengthens procedural efficiency of courts
The provision plays a vital role in maintaining progress of criminal trials where direct service becomes impracticable.
Connection with Other Sections
Section 66 BNSS operates alongside related provisions governing service of summons
- Section 63 BNSS – Form of summons
- Section 64 BNSS – Summons how served
- Section 65 BNSS – Service of summons on corporate bodies, firms, and societies
- Section 67 BNSS – Proof of service in such cases
Corresponding Provision under Old Law
Section 66 BNSS corresponds to Section 64 of the Code of Criminal Procedure, 1973.
Illustrative Example
A court issues summons to an accused person, but the serving officer finds that the person is temporarily away from home despite repeated visits. The officer delivers the summons to the accused’s adult brother residing in the same household and records the service. This constitutes valid substituted service under Section 66 BNSS.
Conclusion
Section 66 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a lawful mechanism for substituted service of summons when the person summoned cannot be located despite reasonable efforts. By permitting delivery to an adult family member residing with the individual, the provision ensures procedural continuity while preserving fairness in criminal proceedings.
