Provides procedure for service of summons beyond the territorial jurisdiction of issuing court.
Ensures valid execution of summons across different jurisdictions through proper transmission channels.
Introduction
Section 69 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the procedure for service of summons on a person residing outside the local jurisdiction of the issuing court. Since courts ordinarily exercise territorial jurisdiction within defined limits, this provision enables effective service of summons through coordination with courts or authorities in the area where the person resides.
The section ensures continuity of criminal proceedings despite geographical limitations on jurisdiction.
Objective of the Provision
The objectives of Section 69 BNSS are
- to enable service of summons beyond territorial jurisdiction of the issuing court
- to facilitate inter-jurisdictional cooperation between courts
- to ensure appearance of persons residing outside local limits
- to maintain procedural efficiency in criminal proceedings
The provision ensures that territorial boundaries do not obstruct service of judicial process.
Meaning / Concept
Service Beyond Territorial Jurisdiction
When a person to whom summons is issued resides outside the jurisdiction of the issuing court, service must be effected through authorities competent within the jurisdiction where the person is located.
This ensures lawful execution of summons without exceeding territorial limits of judicial authority.
Transmission Through Competent Authority
The issuing court forwards the summons to a Magistrate or police authority within the relevant jurisdiction for service in accordance with prescribed procedure.
Thus, the provision facilitates legally recognized inter-court coordination.
Detailed Explanation of the Section
Section 69 BNSS provides that
- where the person summoned resides outside the local limits of jurisdiction of the issuing court
- the summons shall ordinarily be sent in duplicate
- to a Magistrate within whose jurisdiction the person resides, or
- to an appropriate authority for service
The receiving authority shall
- cause the summons to be served in accordance with law
- return one copy of the summons with endorsement regarding service
Key features include
- applicability where the summoned person resides outside jurisdiction
- transmission of summons in duplicate
- service through Magistrate or competent authority in receiving jurisdiction
- return of endorsed copy as proof of service
These safeguards ensure authenticity and traceability of inter-jurisdictional service.
Procedure or Legal Framework
The procedural framework under Section 69 BNSS generally includes
- issuance of summons by competent court
- identification of jurisdiction where summoned person resides
- forwarding summons in duplicate to Magistrate or competent authority in that jurisdiction
- execution of service according to prescribed procedure
- endorsement of service by serving authority
- return of endorsed copy to issuing court
This mechanism ensures lawful service across territorial boundaries.
Judicial Interpretation
Courts have consistently emphasized the importance of proper service of summons when persons reside outside territorial jurisdiction.
In Bhaskar Industries Ltd. v. Bhiwani Denim & Apparels Ltd. (2001) 7 SCC 401, the Supreme Court stressed that valid service of summons is essential before proceeding against an accused.
In State of Punjab v. Shamlal Murari (1976) 1 SCC 719, the Court highlighted the necessity of strict compliance with procedural safeguards governing service of summons.
In Sunil Poddar v. Union Bank of India (2008) 2 SCC 326, the Supreme Court reiterated that service requirements must be followed carefully to ensure fairness in proceedings.
These decisions reinforce procedural safeguards governing inter-jurisdictional service under Section 69 BNSS.
Importance of the Provision
Section 69 BNSS is important because
- it enables service of summons beyond territorial jurisdiction
- it promotes cooperation between courts across jurisdictions
- it prevents delay in proceedings due to geographical barriers
- it ensures validity of service in inter-district or inter-State situations
The provision strengthens procedural coordination in criminal justice administration.
Connection with Other Sections
Section 69 BNSS operates alongside related provisions governing service of summons
- Section 63 BNSS – Form of summons
- Section 64 BNSS – Summons how served
- Section 71 BNSS – Proof of service
- Section 72 BNSS – Power to issue warrant in lieu of, or in addition to, summons
Corresponding Provision under Old Law
Section 69 BNSS corresponds to Section 67 of the Code of Criminal Procedure, 1973.
Illustrative Example
A Magistrate in one district issues summons to a witness residing in another district outside the court’s jurisdiction. The summons is forwarded in duplicate to a Magistrate in the district where the witness resides, who ensures service and returns the endorsed copy to the issuing court. This constitutes valid service under Section 69 BNSS.
Conclusion
Section 69 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a structured mechanism for service of summons outside the territorial jurisdiction of the issuing court. By enabling transmission through competent authorities in the relevant jurisdiction, the provision ensures effective execution of judicial process across geographical boundaries.
