Section 68 – Proof of Service in Such Cases – BNSS 2023

Provides method to verify substituted service when personal service is not possible.

Introduction

Section 68 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the proof of service of summons in cases where substituted service has been effected under the preceding provision. When summons is served on a family member because the summoned person cannot be found, the court must be satisfied that such service was properly carried out.

This provision ensures that substituted service is legally verifiable and reliable, thereby protecting procedural fairness under Article 21 of the Constitution of India.

Objective of the Provision

The objectives of Section 68 BNSS are

• To ensure authentic verification of substituted service
• To prevent misuse of service procedures
• To maintain judicial confidence in service reports
• To safeguard the rights of the summoned person

The section strengthens accountability in the service process.

Meaning / Concept

Proof of Service

Proof of service refers to the evidence presented before the court showing that summons has been properly served according to law.

Substituted Service Verification

When service is effected through a family member instead of personal delivery, the court must confirm that

• Reasonable efforts were made to locate the person
• Service was made on a proper family member
• The procedure followed statutory requirements

This ensures the validity of substituted service.

Detailed Explanation of the Section

Section 68 BNSS provides that

• When summons is served under substituted service provisions
• The serving officer must submit a report describing the manner of service
• The court may examine the serving officer on oath if necessary
• Upon satisfaction, the court may declare service as duly effected

Key features include

• Judicial verification of substituted service
• Requirement of proper documentation
• Court’s discretion to examine serving officer

This ensures that substituted service is not accepted mechanically.

Procedure or Legal Framework

The procedure under Section 68 BNSS involves

• Attempted personal service of summons
• Substituted service on eligible family member
• Submission of service report by serving officer
• Examination of serving officer, if required
• Court satisfaction regarding validity of service

This process ensures lawful recognition of substituted service.

Judicial Interpretation

Courts have repeatedly emphasized strict proof of service requirements

In Neerja Realtors Pvt. Ltd. v. Janglu (2018) 2 SCC 649, the Supreme Court held that proceedings cannot continue unless valid service of summons is established

In State of Punjab v. Shamlal Murari (1976) 1 SCC 719, the Court emphasized that procedural compliance relating to service must be strictly followed

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

These decisions underline that proof of service is essential before proceeding further in criminal cases.

Importance of the Provision

Section 68 BNSS is important because

• It ensures reliability of substituted service
• It prevents wrongful ex parte proceedings
• It strengthens procedural transparency
• It protects the rights of the summoned person

It plays a key role in maintaining fairness in criminal proceedings.

Connection with Other Sections

This provision is connected with

• Section 65 BNSS – Summons by whom served
• Section 67 BNSS – Service where person cannot be found
• Section 69 BNSS – Service on Government servant
• Section 71 BNSS – Proof of service

Corresponding Provision under Old Law

Section 68 BNSS corresponds to Section 65 of the Code of Criminal Procedure, 1973 (CrPC).

Illustrative Example

A summons is served on the adult brother of the accused because the accused could not be found at home. The serving officer submits a report explaining the circumstances of service. The Magistrate examines the officer and, being satisfied, declares the service valid under Section 68 BNSS

Conclusion

Section 68 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ensures that substituted service of summons is accepted only after proper judicial verification. By requiring proof of service through reports and examination where necessary, the provision protects procedural fairness and strengthens the legitimacy of criminal proceedings