Section 67 BNSS 2023: Procedure When Service Cannot Be Effected as Before Provided
Section 67 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the next method of service when a summons cannot, despite due diligence, be served under Sections 64, 65 or 66. It permits affixation of a duplicate summons at the house or homestead where the person summoned ordinarily resides and gives the Court power to decide whether service should be treated as complete or fresh service should be ordered.
Text of Section 67, Bharatiya Nagarik Suraksha Sanhita, 2023
67. Procedure when service cannot be effected as before provided.
If service cannot by the exercise of due diligence be effected as provided in section 64, section 65 or section 66, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.
Meaning of Section 67 BNSS
Section 67 is a fallback procedure. It is used only where service under Section 64, Section 65 or Section 66 cannot be completed despite due diligence.
The provision therefore creates a sequence: the ordinary or special modes of service are attempted first; only if those modes fail after due diligence does the affixation procedure under Section 67 become relevant.
Requirement of due diligence
The words "by the exercise of due diligence" are an important statutory condition. The serving officer must have made reasonable efforts to effect service under the preceding applicable provisions before resorting to affixation.
Whether due diligence was exercised is a question that can depend on the facts recorded in the service report and the circumstances of the particular case.
Where must the summons be affixed?
The serving officer must affix one duplicate of the summons to a conspicuous part of the house or homestead in which the person summoned ordinarily resides.
The statutory focus is therefore not merely on any known address. Section 67 connects the affixation to the house or homestead where the person ordinarily resides and requires the duplicate to be placed at a conspicuous part of that premises.
What happens after affixation?
Affixation does not automatically end the Court's role. After the serving officer follows Section 67, the Court may make such inquiries as it considers fit. On that basis, the Court has two statutory options.
| Court option | Effect |
|---|---|
| Declare the summons duly served | The Court may treat the service as legally sufficient after making such inquiry as it considers fit. |
| Order fresh service | The Court may direct another attempt at service in such manner as it considers proper. |
Section 67 requirements at a glance
| Requirement | Rule under Section 67 |
|---|---|
| Prior service attempts | Service under Sections 64, 65 or 66 must have failed despite due diligence. |
| Action by serving officer | Affix one duplicate of the summons at a conspicuous part of the relevant house or homestead. |
| Relevant premises | The house or homestead where the person summoned ordinarily resides. |
| Court inquiry | The Court may make such inquiries as it thinks fit. |
| Final procedural choice | The Court may declare due service or order fresh service in a manner it considers proper. |
How Section 67 fits with Sections 64 to 66
Section 64 BNSS lays down the general rules for service of summons, including personal and electronic service. Section 65 provides special rules for companies, corporations, firms and associations. Section 66 permits service on an adult family member residing with the person when that person cannot be found despite due diligence. Section 67 comes after these methods fail.
Related BNSS provisions
| Section | Subject |
|---|---|
| Section 63 | Form of summons. |
| Section 64 | Summons how served. |
| Section 65 | Service of summons on corporate bodies, firms and societies. |
| Section 66 | Service when persons summoned cannot be found. |
| Section 67 | Procedure when service cannot be effected as before provided. |
| Section 68 | Service on Government servant. |
| Section 69 | Service of summons outside local limits. |
| Section 70 | Proof of service in specified cases. |
Relationship with the earlier CrPC
Section 67 BNSS broadly corresponds to Section 65 of the Code of Criminal Procedure, 1973. The essential structure is retained: failure of earlier service methods despite due diligence, affixation at the ordinary residence, followed by a Court decision either recognising service or directing fresh service.
When did Section 67 BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. By S.O. 848(E) dated 23 February 2024, the Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in that notification.
Official legal resources
For the current statutory text and chapter structure, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The Ministry of Home Affairs also provides the official New Criminal Laws page and the BNSS commencement notification, S.O. 848(E).