Section 67 – Service of Summons Where Person Summoned Cannot Be Found – BNSS 2023

Allows substituted service when summoned person cannot be located after due effort.

Introduction

Section 67 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the procedure for service of summons when the person to be summoned cannot be found despite reasonable efforts. The provision enables substituted service to ensure that judicial proceedings are not delayed merely because the person avoids or cannot be located for personal service.

This section supports effective administration of justice while maintaining procedural fairness consistent with Article 21 of the Constitution of India.

Objective of the Provision

The objectives of Section 67 BNSS are

• To ensure continuity of proceedings where personal service is not possible
• To prevent evasion of summons by avoiding service
• To provide a lawful method of substituted service
• To maintain procedural efficiency in criminal trials

This provision balances fairness with practical necessity.

Meaning / Concept

Person Cannot Be Found

This situation arises when

• The person is absent from residence
• The person is deliberately avoiding service
• The whereabouts of the person are unknown despite reasonable efforts

Substituted Service

Substituted service refers to service effected through alternative legally recognized methods when direct personal delivery is not possible.

The concept ensures that legal proceedings do not fail due to technical obstacles in service.

Detailed Explanation of the Section

Section 67 BNSS provides that

• If the person summoned cannot be found after due diligence
• The serving officer may serve the summons by leaving one duplicate copy with an adult male member of the family residing with the person summoned

Key features include

• Personal service remains the primary method
• Substituted service is allowed only after reasonable effort
• Service must be made on a responsible family member residing with the person

This ensures that service remains reliable even in the absence of the summoned person.

Procedure or Legal Framework

The procedure under Section 67 BNSS involves

• Attempt to serve summons personally
• Verification that the person cannot be found
• Identification of an adult male family member residing with the person
• Delivery of duplicate copy of summons to such family member
• Recording details of substituted service

This ensures legal validity of substituted service.

Judicial Interpretation

Courts have emphasized strict compliance with substituted service requirements

In Neerja Realtors Pvt. Ltd. v. Janglu (2018) 2 SCC 649, the Supreme Court held that valid service of summons is essential before proceeding ex parte

In State of Punjab v. Shamlal Murari (1976) 1 SCC 719, the Court emphasized adherence to procedural safeguards relating to service of summons

In Kiran Singh v. Chaman Paswan AIR 1954 SC 340, the Court held that procedural defects affecting service may invalidate proceedings

These rulings highlight that substituted service must follow statutory requirements strictly.

Importance of the Provision

Section 67 BNSS is important because

• It prevents delay in criminal proceedings
• It discourages evasion of summons
• It provides a lawful alternative to personal service
• It strengthens efficiency of judicial process

It ensures that absence of the summoned person does not obstruct justice.

Connection with Other Sections

This provision is connected with

• Section 65 BNSS – Summons by whom served
• Section 66 BNSS – Summons on corporate bodies and societies
• Section 68 BNSS – Proof of service in such cases
• Section 71 BNSS – Proof of service

Corresponding Provision under Old Law

Section 67 BNSS corresponds to Section 64 of the Code of Criminal Procedure, 1973 (CrPC).

Illustrative Example

A witness is summoned to appear before court, but the serving officer finds that the witness is not available at home despite repeated attempts. The officer then serves the summons on the witness’s adult brother residing in the same house. This constitutes valid substituted service under Section 67 BNSS

Conclusion

Section 67 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a practical mechanism for service of summons where the summoned person cannot be found. By permitting substituted service on a responsible family member, the provision ensures continuity of criminal proceedings without compromising procedural fairness.