Introduction of Section 68 of BNSS
BNSS Section 68 explains the process of how summons should be served to a government servant. When a person working in the government is called by the court, the court does not directly serve the summons to the person. Instead, it sends the summons in duplicate to the head of the office where the person is working. The head of the office is then responsible for delivering the summons to the employee, following the rules under Section 64. Once the summons is served, the head of the office must return one copy to the court with their signature, which is considered legal proof of service. This ensures a smooth, respectful, and official way of sending court orders to government staff.
What is BNSS Section 68 ?
BNSS Section 68 talks about the process of delivering summons to a government servant. If someone who works for the government is summoned by the court, the court does not directly send it to that person. Instead, it sends two copies of the summons to the head of the office where the person is working. The head of the office is then responsible for making sure the summons is delivered properly. Once done, the head signs and sends the summons back to the court. This signature acts as proof that the summons was legally served.
BNSS Section of 68 in Simple Points
1. Special Procedure for Government Servants
When a person working in a government office is summoned, the court follows a special procedure. Instead of sending the summons directly to the person, it sends two copies to their department head. This ensures the process respects the formal structure of government employment.
2. Role of the Head of Office
The head of the office becomes responsible for ensuring that the summons reaches the government servant. They must deliver the summons personally or by following the method under BNSS Section 64, which includes personal delivery or acknowledgment of receipt.
3. Returning the Summons to the Court
Once the summons is delivered, the department head must sign and return it to the court, confirming that the process has been completed. This return process ensures transparency and legal compliance.
4. Signature as Legal Proof
The signature of the department head acts as legal evidence that the summons has been served. There is no need for any other proof unless disputed. This simplifies the process and avoids unnecessary delays.
5. Maintains Official Discipline
This method ensures that government procedures are respected, and it maintains discipline in how legal orders are carried out within government offices. It prevents lower staff from ignoring court summons.
Section 68 of BNSS Overview
BNSS Section 68 says that if a government employee is summoned, the court must send the summons to the head of their department, who must make sure it reaches the employee and report back to the court. The signature of the department head acts as legal proof that the summons was served properly.
BNSS Section 68 – 10 Key Points
1. Special Rule for Government Servants
BNSS Section 68 provides a special procedure for serving summons to government employees. Unlike regular citizens, a government servant cannot be directly served by the court. Instead, the court must send the summons to the head of the office where the person is employed. This helps maintain the administrative protocol and respect the structure of government service.
2. Summons Sent in Duplicate
The court sends the summons in two copies (duplicate) to the department head. This is important because one copy is meant to be delivered to the employee, and the other is returned to the court after service is completed. This ensures there is a documented trail and proof of service maintained properly.
3. Responsibility of Head of the Office
The head of the department or office becomes responsible for actually serving the summons to the concerned employee. The summons must be served in the manner described under BNSS Section 64, which includes personal delivery or obtaining an acknowledgment. The head must ensure that the employee receives the court order.
4. Returning the Served Copy to Court
Once the summons is served to the government servant, the head of the office must sign the duplicate copy and send it back to the court. This return must also include an endorsement (note) that the summons has been served as required. This copy acts as the official report to the court that service was completed.
5. Signature Is Treated as Proof
The signature of the head of office on the returned duplicate summons acts as sufficient legal proof that the summons was served correctly. The court accepts this signature as evidence, and there is usually no need for any additional confirmation unless challenged. This simplifies the process and ensures accountability.
6. Based on BNSS Section 64 Service Rules
BNSS Section 68 refers back to BNSS Section 64, which explains the standard method of serving summons. This includes either personal delivery or other accepted forms like leaving the copy with an adult family member or posting it on the residence. The head of the office must use one of these methods for proper service.
7. Saves Time and Reduces Confusion
By routing summons through the head of the department, the system avoids confusion, delays, or wrong delivery. It makes sure the summons reaches the employee in a reliable and official way. It also ensures the government department is informed about the employee’s court case, maintaining transparency.
8. Encourages Responsibility and Reporting
This method encourages responsibility and timely reporting within government departments. Since the head of the department has to confirm the service and send a signed return to the court, it creates a sense of duty to complete the task accurately and honestly.
9. No Bypass of Government Hierarchy
The procedure prevents direct court involvement with lower-level employees without informing their superiors. This respects the chain of command in government offices and ensures legal communication is handled in a formal and professional manner.
10. Helps Maintain Official Records
Finally, this section ensures that proper records are kept for legal and administrative purposes. A signed and endorsed duplicate copy acts as part of the court record and can be used in future if there’s any question about whether the summons was delivered or not.
Examples of BNSS Section 68
Example 1:
A government teacher is summoned by a court. Instead of sending the summons to the teacher directly, the court sends it to the Principal of the school. The Principal delivers it to the teacher, signs the duplicate copy, and returns it to the court.
Example 2:
A government clerk working in the municipal office is required to appear in court. The court sends the summons to the Municipal Commissioner, who delivers the summons to the clerk and signs and returns the served copy to the court as confirmation.
Section 68 of BNSS Short Information
| Point | Explanation |
|---|---|
| Who gets the summons? | The head of the office where the government employee works |
| How is it delivered? | Through the head of office following the method in BNSS Section 64 |
| How many copies? | Two copies (duplicate) sent by the court |
| What proof is needed? | The head of office must sign and return the summons as proof |
| Legal value of signature? | Signature is accepted as valid legal evidence of service |
BNSS Section 68 FAQs
BNSS 68
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