Section 70 – Service of Summons Outside Local Limits – BNSS 2023

Provides procedure for serving summons beyond the issuing court’s jurisdiction.

Introduction

Section 70 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 criminal proceedings often involve individuals located in different territorial limits, this provision ensures that summons can still be served effectively and lawfully.

It promotes procedural continuity while safeguarding fairness under Article 21 of the Constitution of India.

Objective of the Provision

The objectives of Section 70 BNSS are

• To enable service of summons beyond territorial jurisdiction
• To ensure effective participation of persons residing elsewhere
• To prevent delay in criminal proceedings due to location barriers
• To maintain validity and enforceability of summons across jurisdictions

The provision ensures smooth functioning of inter-jurisdictional court processes.

Meaning / Concept

Service Outside Local Limits

This refers to service of summons on a person who resides outside the territorial jurisdiction of the court issuing the summons.

Inter-Court Coordination

Such service is usually executed through

• Magistrates of the area where the person resides
• Local police authorities
• Authorized officers within that jurisdiction

The concept ensures cooperation between judicial authorities across regions.

Detailed Explanation of the Section

Section 70 BNSS provides that

• When a person to be summoned resides outside the jurisdiction of the issuing court
• The summons shall ordinarily be sent in duplicate
• It may be forwarded to a Magistrate within whose jurisdiction the person resides
• That Magistrate ensures service in accordance with law

Key features include

• Ensures lawful service across jurisdictions
• Requires duplication for proper documentation
• Relieves the issuing court from direct service responsibility

This provision strengthens procedural coordination between courts.

Procedure or Legal Framework

The procedure under Section 70 BNSS involves

• Issuance of summons by the original court
• Preparation of duplicate copies
• Transmission of summons to the Magistrate in the concerned jurisdiction
• Execution of service by local authorities
• Submission of service report to the issuing court

This ensures legally recognized service outside territorial limits.

Judicial Interpretation

Courts have emphasized the necessity of proper service before proceeding against a person residing outside jurisdiction

In Neerja Realtors Pvt. Ltd. v. Janglu (2018) 2 SCC 649, the Supreme Court reiterated that valid service of summons is essential before continuing proceedings

In Kiran Singh v. Chaman Paswan AIR 1954 SC 340, the Court observed that jurisdictional defects may affect the legality of proceedings

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

These rulings reinforce the requirement that inter-jurisdictional service must comply with statutory procedure.

Importance of the Provision

Section 70 BNSS is important because

• It ensures continuity of criminal proceedings across jurisdictions
• It prevents avoidance of summons due to geographical distance
• It promotes judicial cooperation between courts
• It strengthens procedural efficiency in criminal justice administration

It is essential in cases involving witnesses or accused residing in different districts or states.

Connection with Other Sections

This provision is connected with

• Section 65 BNSS – Summons by whom served
• Section 69 BNSS – Service on Government servant
• Section 71 BNSS – Proof of service
• Section 72 BNSS – Warrant in lieu of summons

Corresponding Provision under Old Law

Section 70 BNSS corresponds to Section 67 of the Code of Criminal Procedure, 1973 (CrPC).

Illustrative Example

A Magistrate in Chennai issues summons to a witness residing in Madurai. The summons is sent in duplicate to the Magistrate having jurisdiction in Madurai, who arranges service through local authorities. This constitutes valid service under Section 70 BNSS.

Conclusion

Section 70 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a structured mechanism for service of summons outside the local jurisdiction of the issuing court. By enabling coordination between courts across territorial limits, the provision ensures procedural efficiency and prevents delay in criminal proceedings.