Introduction to Section 67 of BNSS
Section 67 of BNSS explains what should be done when a summons cannot be delivered through normal means as explained in Sections 64, 65, or 66. If the officer cannot serve the summons after trying properly, they can fix a copy of it on a visible part of the person’s house. The Court will then decide whether the summons was properly served or whether it should be served again in another way. This ensures the legal process continues even when the person avoids service.
What is BNSS Section 67 ?
BNSS Section 67 is a legal provision under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which deals with what should be done when a summons cannot be served using normal methods like personal delivery or registered post. It provides an alternative way to serve the summons — by affixing a copy of it to a visible part of the person’s house. This ensures the legal process can move forward even if the person is avoiding or is not reachable.
BNSS Section of 67 in Simple Points
1. When Personal Service Is Not Possible
BNSS Section 67 is used only when earlier legal methods fail. According to BNSS Sections 64, 65, and 66, a summons must first be served directly to the person, someone in the household, or via post. But if the police or serving officer cannot find the person despite genuine efforts—for example, the person is purposely avoiding, not at home, or hiding—then this section applies. It ensures that a case cannot be delayed just because someone avoids the summons.
2. Pasting the Summons on the House
When the summons cannot be served in person, the law allows an officer to paste one copy of the summons on a clearly visible part of the house, like the main door, gate, or wall. This step is taken to notify the person that legal proceedings are happening. This method is called “substituted service”. It is legal and considered valid if done properly, with a report made by the officer about where and how it was affixed.
3. Officer Must Show Due Diligence
Before using this method, the police or serving officer must prove that they tried their best to serve the summons normally. This is called “due diligence.” It includes visiting the home multiple times, asking neighbors, and checking if the person was present. Without showing these efforts, the pasted summons may be rejected by the court. The law doesn’t allow officers to skip normal steps and directly paste the summons.
4. Role of the Court in Confirming Service
After the summons is pasted on the residence, the Court must verify whether it was done properly. The Court can ask for a report from the serving officer and conduct its own inquiry. If satisfied, the Court may declare that the summons has been legally served. If not satisfied, the Court may order a fresh service using another method, like public notice or newspaper advertisement. This step ensures fairness in the legal process.
5. Legal Effect of Summons Affixed to House
If the Court accepts that the summons was affixed correctly and with proper effort, then the law treats it as if the person has officially received the summons. This means the legal process can move ahead—even if the person claims they didn’t get it. The court assumes the person had a chance to know about the case. This protects the justice system from being delayed by people who try to avoid the law.
Section 67 of BNSS Overview
If, by using reasonable effort, the officer is unable to serve the summons as described in Sections 64, 65, or 66, he must affix a copy of the summons to a visible part of the house where the person usually lives. The court will then either declare that the summons has been properly served or order a fresh method of service
BNSS Section 67 – 10 Key Points
1. Alternative Method When Usual Delivery Fails
If a summons cannot be delivered personally or through registered post (as stated in Sections 64–66), the serving officer must take an alternative step. The officer must affix a copy of the summons to a visible part of the person’s home. This ensures the accused is informed, even when traditional delivery fails. It’s a legal backup method for difficult situations. This ensures court orders are not ignored due to absence. It maintains the seriousness of legal procedures. The officer’s duty here is crucial for justice. This prevents unnecessary delays in the case.
2. Role of the Serving Officer
The serving officer plays a very important role in this section. If the person summoned is not available or refuses to accept the summons, the officer must act responsibly. The officer has to visit the person’s last known residence and attach a duplicate of the summons to a noticeable area like the main gate or door. This action must be carried out honestly and with due care. The law expects the officer to try all options before affixing the summons. His role ensures that the accused cannot escape by being unavailable. Proper diligence is expected from the officer.
3. Court’s Power to Verify Service
After the summons is affixed, the court does not blindly assume it was served. It has the power to conduct an inquiry. The court can ask for proof from the officer or check whether the method used was correct. Only after being satisfied, the court can declare that the summons was duly served. This prevents misuse or false reporting. The inquiry acts as a safeguard to protect both sides – the accused and the system. The judge has full authority in deciding the validity of the service. This ensures fairness.
4. Court Can Order Fresh Summons
If the court finds that the service of summons was not proper, it can order a new way to deliver it. The court may decide on a fresh service using a different method like publication in a newspaper or through another officer. This helps in situations where the accused is avoiding service or has changed address. It ensures justice continues and the accused is properly informed. The court always keeps justice and fairness in mind. The fresh service order is the court’s way to prevent any loopholes. It ensures legal procedures are followed completely.
5. Affixation Must Be in a Conspicuous Place
The summons should not be affixed anywhere randomly. It must be placed in a visible area of the house, like the main gate, door, or wall. This is to ensure that either the person sees it, or someone in the house informs them. Hiding or placing the summons where no one sees it defeats the purpose. It’s the responsibility of the officer to ensure visibility. If the placement is not proper, the court may reject the service. This step helps in ensuring that the legal notice is made available in an effective manner.
6. Applies Only After Due Diligence
Section 67 can only be used after proper efforts to serve the summons directly have failed. The term “due diligence” means the officer must try hard and make genuine efforts. Only then can this section be used. It is not for casual or lazy use. The officer should prove that he tried to serve it properly before using affixation. This point protects individuals from unfair or premature legal notices. The officer must also document these efforts. This ensures the law is respected and followed properly.
7. Legally Valid if Approved by Court
Once the summons is affixed properly and the court is satisfied after inquiry, it becomes legally valid. Even if the person did not receive the summons in hand, the law considers them informed. This helps courts proceed with the case and avoid delays. The key is the court’s approval. Without court confirmation, the summons has no legal force. This balances the system between ensuring service and preventing false procedures. Court approval is the final authority. This point upholds both legality and fairness.
8. Ensures Cases Do Not Get Delayed
The main goal of Section 67 is to ensure that criminal cases are not delayed due to failure of service. Sometimes people avoid summons or shift homes. This section helps deal with such issues quickly. The law provides a way to serve them even if they try to hide. This ensures justice is not delayed or denied. It is a time-saving step. Courts can take actions swiftly and continue with the trial. It prevents manipulation of the legal system by avoiding court orders.
9. Supports Justice Without Physical Delivery
In a world where people may try to avoid summons, physical delivery is not always possible. Section 67 supports justice by giving courts and officers an alternate method. This helps ensure that court communications are not ignored or bypassed. It keeps legal processes strong. The provision is also helpful in rural or remote areas. Affixation becomes a practical solution. It shows the adaptability of law to ground realities. It empowers justice delivery.
10. Affixation Alone Is Not Enough Without Court Inquiry
It is important to understand that affixing a summons does not automatically mean the person is informed. The court must confirm it through inquiry. If the officer affixes it wrongly or without effort, the court can reject it. This section is not a shortcut. It is a backup when everything else fails. The court’s involvement ensures justice is not misused. This also gives the accused a fair chance to appear. The legal process remains trustworthy because of these checks.
Examples of BNSS Section 67
Example 1:
A person accused of fraud is not accepting the court summons. The officer tries visiting three times and also tries delivering by post, but fails. The officer then affixes a copy of the summons to the main gate of the accused’s house. The court later checks and accepts it as a valid service.
Example 2:
In a case of domestic violence, the accused is hiding to avoid court. The serving officer visits the house and affixes the summons on the door. Neighbours confirm the accused lives there. The court accepts the summons as legally served under BNSS 67 after an inquiry.
Section 67 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Alternative Way of Service | When summons can’t be served personally or by post (under Sections 64-66), the officer can paste it on a visible part of the person’s residence. |
| 2. Requirement of Due Diligence | The officer must first try all regular methods sincerely. Only after those fail, the officer can use the method described in BNSS 67. |
| 3. Role of the Court | After the summons is affixed, the court checks if it was done correctly and can either accept it as valid or order a fresh service. |
| 4. Legal Effect | If the court accepts the affixation method, it is treated as if the person has been legally notified, even if they didn’t physically receive it. |
| 5. Prevents Evasion of Summons | This provision helps prevent accused persons from avoiding the legal process by hiding or refusing to accept the summons. |
BNSS Section 67 FAQs
BNSS 67
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