Introduction to Section 66 of BNSS
BNSS Section 66 addresses an essential aspect of legal procedure in India, specifically concerning the service of summons when individuals cannot be found despite reasonable efforts. This provision ensures that legal proceedings can continue even when the intended recipient is unavailable, by establishing a clear alternative mechanism for delivering legal notices. Section 66 balances procedural efficiency with the rights of individuals to receive proper notification of legal actions against them. It recognizes the practical challenges in personally serving every summons while maintaining the integrity of the judicial process through carefully prescribed alternative methods.
What is BNSS Section 66 ?
BNSS Section 66 provides the legal procedure for serving a summons when the intended recipient cannot be located despite reasonable efforts. It allows for substituted service through an adult family member who lives with the person being summoned.
BNSS Section of 66 in Simple Points
1. Alternative Service Through Adult Family Members
When a person cannot be located despite thorough attempts, BNSS Section 66 authorizes serving the summons through an adult family member who shares the same residence. This mechanism recognizes family bonds as reliable channels for communication and ensures legal proceedings aren’t indefinitely delayed by a person’s absence. The provision acknowledges that family members are likely to inform the summoned individual about important legal documents, thereby fulfilling the fundamental purpose of service—to provide actual notice. This method strikes a balance between maintaining procedural efficiency and respecting the summoned person’s right to be informed of actions against them. The alternative service method prevents potential abuse of the system where individuals might deliberately avoid receiving summons to delay or evade legal proceedings.
2. Due Diligence Requirement Before Alternative Service
Before resorting to service through a family member, the serving officer must demonstrate that “due diligence” was exercised in attempting to find the intended recipient. This requires making reasonable, persistent efforts to locate the person, such as multiple visits to their known residence at different times and days, inquiries with neighbors or associates, and checking other possible locations. The standard of due diligence serves as a safeguard against premature or casual resort to alternative service methods, ensuring that substituted service is used only when genuinely necessary. This requirement protects individuals’ rights by mandating good-faith efforts to provide direct notice before utilizing alternative methods. The threshold of “due diligence” is context-specific and may vary based on the circumstances, but generally implies honest, thorough efforts reasonably calculated to achieve direct service.
3. Specific Qualifications of the Recipient Family Member
The family member who receives the summons must satisfy two specific qualifications: they must be an adult, and they must be residing with the person being summoned. The adult requirement ensures the recipient has sufficient maturity and understanding to appreciate the significance of legal documents and reliably transmit them to the intended recipient. The co-residence requirement establishes a high probability of regular contact between the family member and the summoned person, increasing the likelihood of actual notice. These dual qualifications help maintain the integrity of the service process by restricting alternative service to individuals who have both the capacity and opportunity to inform the summoned person about the legal document. The provision specifically excludes servants from the definition of “family members,” recognizing the distinct nature of employment relationships compared to family bonds in terms of reliability for document transmission.
4. Procedural Documentation Through Duplicate Copies
The summons exists in duplicate form, creating a systematic procedure for documentation and proof of service. One copy remains with the family member to be given to the summoned person, while the other returns to the issuing authority as evidence of completed service. This duplicate system establishes a clear paper trail that protects all parties involved and maintains procedural integrity. The serving officer may require the family member to sign a receipt on the back of the retained duplicate, creating verifiable evidence that the summons was delivered according to law. This documentation process becomes crucial if questions later arise about whether proper service occurred, providing courts with objective evidence to evaluate compliance with procedural requirements. The duplicate system exemplifies how procedural law balances efficiency with fairness by creating verifiable records of each step in the notification process.
5. Legal Effect and Validity of Substituted Service
Service completed under Section 66 carries the same legal weight as personal service, despite not being directly delivered to the intended recipient. Once properly executed according to the provision’s requirements, this alternative service method creates a presumption that the summoned person has received legal notice. This presumption allows legal proceedings to move forward without indefinite delays caused by a person’s unavailability. The legal validity of this alternative service method prevents individuals from obstructing justice simply by making themselves unavailable, while the carefully prescribed procedures ensure the method remains fair and reasonably calculated to provide actual notice. Courts treat compliance with Section 66 as creating a rebuttable presumption of notice, meaning in extraordinary circumstances where it can be proven that despite proper service the document never reached the summoned person through no fault of their own, relief might be granted. This balance between procedural efficiency and individual rights exemplifies how procedural law accommodates practical realities while maintaining core principles of justice.
Section 66 of BNSS Overview
BNSS Section 66 defines the legal procedure for serving a summons when the intended recipient cannot be found despite reasonable efforts. It states that in such cases, the summons may be served by leaving one duplicate copy with an adult family member who resides with the person being summoned. The provision explicitly excludes servants from being considered family members for this purpose. If required by the serving officer, the family member receiving the summons must sign a receipt on the back of the other duplicate copy as proof of service.
BNSS Section 66: 10 Key Points
1. Alternative Service Method
When traditional service methods fail because the person cannot be physically located, Section 66 provides this crucial alternative mechanism to prevent legal deadlock. This substituted service method ensures that legal processes continue to function effectively despite a party’s absence or unavailability. The provision recognizes the practical reality that individuals may sometimes be temporarily unavailable or deliberately avoiding service, yet the judicial system must continue to function. Without this alternative method, cases could be indefinitely delayed by individuals simply making themselves scarce, effectively obstructing justice.
2. Due Diligence Requirement
“Due diligence” establishes a threshold of effort that must be met before resorting to alternative service. This typically involves multiple attempts to serve at different times of day, inquiries with neighbors or workplace contacts, and checking other known addresses. The serving officer may need to document these attempts, noting dates, times, and locations visited. The standard is one of reasonableness rather than exhaustion of every possible avenue. Courts may examine whether the attempts were sufficient based on circumstances like the importance of the matter, urgency, and resources available. This requirement prevents casual or premature resort to alternative service methods that might compromise the recipient’s right to proper notice.
3. Service Through Family Members
This method relies on family connections as a reliable channel of communication. The underlying presumption is that family members have both the opportunity and motivation to inform the intended recipient about the summons. Family members typically share information about important matters affecting household members, making them suitable intermediaries in the legal process. This approach balances the interests of justice (ensuring proceedings continue) with the rights of the summoned person (maximizing likelihood they receive actual notice). The provision recognizes family units as natural information-sharing networks that can effectively bridge gaps in formal communication channels.
4. Adult Family Member Specification
The requirement for the family member to be an adult ensures cognitive and legal capacity to understand the document’s significance. Adults are presumed to comprehend the importance of legal documents and the potential consequences of failing to deliver them. This age requirement also relates to legal responsibility—adults can be held accountable for their actions in a way minors cannot. The provision doesn’t specify an exact age, but generally follows the jurisdiction’s definition of legal adulthood (typically 18 years). The serving officer should verify the family member’s age or at minimum make a reasonable assessment that they are an adult before proceeding with service.
5. Co-residence Requirement
The stipulation that the family member must reside with the summoned person establishes a high probability of regular contact. Co-residence implies daily interaction, shared physical space, and routine communication, all increasing the likelihood of document transfer. This requirement distinguishes between family members who may rarely see the summoned individual and those who share living quarters. The co-residence must be actual and not merely nominal or occasional—someone who stays occasionally or is temporarily visiting would likely not qualify. The serving officer may need to confirm the living arrangement through questions or observations about the residence to ensure this criterion is satisfied before proceeding with service.
6. Servant Exclusion
The explicit exclusion of servants from the definition of “family members” prevents service to individuals who, despite sharing the residence, may have different interests or loyalties. Servants, while physically present in the home, occupy a different social and legal relationship than family members. This distinction acknowledges potential conflicts of interest or power dynamics that might compromise reliable transmission of the summons. The term “servant” should be interpreted in its social context, potentially including modern equivalents like domestic help, hired caregivers, or household staff. This exclusion reflects concern about the reliability of document transmission through employment relationships versus family bonds.
7. Receipt Requirement
The receipt serves multiple legal purposes: it creates a record of who received the summons, when it was delivered, and acknowledges the recipient’s understanding of their responsibility. This documentation becomes crucial if questions later arise about whether proper service occurred. The receipt typically includes the date, time, name of the recipient, their relationship to the summoned person, and signature. This signed acknowledgment creates a presumption that service was properly completed according to law. In case of later disputes about service, this documentation provides critical evidence for the court to determine if procedural requirements were satisfied.
8. Discretionary Receipt
While obtaining a receipt is discretionary, serving officers are typically trained to request one whenever possible as best practice. Several factors might influence whether a receipt is required in specific circumstances: the seriousness of the case, likelihood of dispute about service, cooperation of the receiving family member, and local procedural customs. Even when not formally required, many serving officers document the service through notes describing who accepted the summons, their apparent relationship to the summoned person, and other relevant observations. This creates at least some record of service completion even without a formal receipt.
9. Legal Validity
Once properly executed under Section 66, this alternative service carries the same legal weight as personal service. Courts treat compliance with this provision as creating a rebuttable presumption that notice was provided to the summoned individual. The summoned person cannot simply claim they never received the document if it was properly served under this section. However, in extraordinary circumstances where it can be proven that despite proper service the document never reached the summoned person through no fault of their own, courts may sometimes grant relief. This legal validity is essential to prevent individuals from gaining advantage by making themselves unavailable for direct service.
10. Documentary Process
The duplicate summons requirement creates a comprehensive paper trail that protects all parties. One copy remains with the family member for delivery to the summoned person, while the other copy (potentially bearing the recipient’s signature) returns to the court or issuing authority as proof of service. This two-document system creates redundancy that helps ensure integrity in the service process. The duplicate that returns to the court becomes part of the official case record and may be referenced if questions about proper service arise later in proceedings. This documentary process helps maintain procedural fairness by creating verifiable records of each step in the notification process.
Examples of BNSS Section 66 Application
Example 1:
Rahul needs to be served with a court summons regarding a property dispute. The serving officer visits Rahul’s home three times on different days and at different times but cannot find him. On the fourth visit, the officer meets Rahul’s wife, who confirms she lives with him. The officer then serves the summons by giving one copy to Rahul’s wife and asking her to sign a receipt on the duplicate copy, which is returned to the court as proof of service.
Example 2:
A company is being sued, and its director, Priya, needs to be served with a summons. Despite multiple attempts to locate her at her registered residence, she cannot be found. The serving officer eventually meets Priya’s adult son who lives in the same house. The officer explains the importance of the document and leaves one copy of the summons with the son. As required by the officer, the son signs a receipt acknowledging that he has received the summons on behalf of his mother.
Section 66 of BNSS Short Information
| Key Point | Description |
|---|---|
| 1. Purpose | This section outlines the legal procedure for serving a summons when the person or organization being summoned is not present at the location. |
| 2. Geographic Scope | The rule applies across all areas where the Bharatiya Nagarik Suraksha Sanhita (BNSS) is enforced. |
| 3. Authority | Designated police officers or court officials are authorized to deliver the summons and ensure proper compliance with the law. |
| 4. Documentation | Proper record of the service attempt must be maintained, including the recipient’s signature on the duplicate copy as proof of service. |
| 5. Legal Effect | Once served as per BNSS Section 65, the summons is considered legally valid, and the case can proceed even if the recipient claims not to have received it. |
BNSS Section 66 FAQs
BNSS 66
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