Section 70 BNSS: Proof of Service in Such Cases and When Serving Officer Not Present

Section 70 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with proof that a Court summons has been served when the summons is served outside the Court's local jurisdiction or when the officer who served it is not present at the hearing. It also expressly recognizes proof of summons served through electronic communication under Sections 64 to 71.

Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Central Act No. 46 of 2023. Its relevant provisions came into force on July 1, 2024. Section 70 forms part of the statutory procedure governing service and proof of service of summons.

Text of Section 70, Bharatiya Nagarik Suraksha Sanhita, 2023

70. Proof of service in such cases and when serving officer not present.

(1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

(3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons.

What Section 70 BNSS Means

The purpose of Section 70 is to provide a reliable evidentiary method for proving service of summons without requiring the serving officer to attend the Court in every case. Where the statutory conditions are satisfied, the Court may rely on the prescribed affidavit and the endorsed duplicate summons as evidence of service.

The provision is particularly relevant where service has taken place outside the local territorial jurisdiction of the Court. It also applies where the serving officer is absent from the hearing, even if the service itself was otherwise validly completed.

Key Requirements Under Section 70(1)

A summons must have been issued by a Court.
The summons may have been served outside the Court's local jurisdiction, or the serving officer may be absent at the hearing.
An affidavit should state that the summons was served and should purport to have been made before a Magistrate.
A duplicate of the summons should carry the endorsement contemplated by Section 64 BNSS or Section 66 BNSS, as applicable.
The affidavit and endorsed duplicate are admissible in evidence.
The statements in the affidavit are treated as correct unless the contrary is proved.

Affidavit and Duplicate Summons

Section 70(2) permits the affidavit proving service to be attached to the duplicate summons and returned to the Court. This creates a documentary record that allows the Court to verify how the summons was served.

Electronic Service of Summons Under Section 70(3)

Section 70(3) gives express statutory recognition to summons served through electronic communication under Sections 64 to 71. Such summons are considered duly served, provided that a copy is attested and preserved as proof of service.

This provision should be read together with the rules on service contained in Section 63, Section 64, Section 65, Section 66, Section 67, Section 68, Section 69 and Section 71 of the BNSS.

Practical Effect of Section 70

Situation	Summons served outside local jurisdiction or serving officer not present at hearing.
Primary proof	Affidavit of service made before a Magistrate and endorsed duplicate summons.
Evidentiary status	Admissible in evidence, with statements treated as correct unless disproved.
Electronic summons	Recognized as duly served under Sections 64 to 71 when the copy is attested and retained as proof.

Important: Section 70 concerns proof of service. Whether service was valid in a particular case still depends on compliance with the applicable mode of service under the relevant BNSS provisions and the facts recorded in the proof of service.

Related BNSS Provisions

Last updated: September 10, 2026.