Introduction to Section 70 of BNSS
Section 70 of BNSS provides a mechanism for proving that a summons has been served when it is outside the local jurisdiction of the court, or when the officer who served the summons is unavailable to testify in court. This section introduces the use of affidavits and electronic communication as valid methods of proving service. It ensures that the summons process continues smoothly even if the officer or physical presence is not possible. Additionally, it ensures the validity of electronic summons, making the legal process more adaptable to modern communication methods.
What is BNSS Section 70 ?
BNSS Section 70 deals with the proof of service when a summons is served outside the court’s local jurisdiction or when the serving officer is not present at the hearing. It allows an affidavit to be used as evidence in cases where the summons was delivered, but the officer who served it is not available to testify. This section also allows electronic service of summons to be considered legally valid, with a copy of the summons being attested and kept as proof.
BNSS Section of 70 in Simple Points
1. Summons Served Outside Local Jurisdiction
When a summons is issued by a court, it is not always served within the same geographical area (local jurisdiction) as the court. Sometimes, the person who is summoned may reside outside the court’s local area.
- Details: In such cases, the summons needs to be sent to the relevant authorities in the area where the person resides. For example, if a person living in another city is summoned by a court, the court sends the summons to a local authority (such as a Magistrate or police) in that city to serve the summons.
- Why is this important? This ensures that the summons reaches the person, regardless of the distance or location. It provides a method to handle cross-jurisdictional service efficiently.
2. Affidavit Used as Proof of Service
In situations where the officer who served the summons is not present in the court (for example, during the trial or hearing), an affidavit comes into play. This affidavit is sworn before a Magistrate.
- Details: The officer who delivered the summons prepares an affidavit stating that the summons was served. This affidavit confirms:
- The details of the summons,
- Who received the summons,
- Where and how it was served.
- Why is this important? The affidavit acts as an official statement under oath, which adds credibility to the service process. The court accepts it as reliable evidence unless proven otherwise.
3. Duplicate Summons Must Be Endorsed by the Receiver
Along with the affidavit, a duplicate copy of the summons must be sent back to the court. This copy should be endorsed (signed) by the person who received it or by someone with whom the summons was left.
- Details: The duplicate copy serves as further evidence that the summons was delivered and received by someone authorized. The signature of the person who received it or the person who was at the residence acts as confirmation.
- Why is this important? This additional proof strengthens the case and supports the officer’s affidavit, providing a more reliable and legally valid record of the summons being served.
4. Electronic Summons Are Accepted
Modern technology now allows for the service of summons through electronic methods, such as email or SMS. Section 70 confirms that if a summons is served electronically, it is treated as valid.
- Details: When a summons is sent electronically, a copy of it must be attested (verified), and this electronic copy must be kept as proof. Even if the summons is not physically delivered, the electronic version will have legal weight as long as the procedure is followed.
- Why is this important? This provision adapts to the modern age where legal proceedings can be expedited using electronic communication. It makes the service process quicker and more accessible, especially when dealing with remote or busy individuals.
5. Acceptance of Proof in Court
Once the affidavit and duplicate copy of the summons are received by the court, these documents serve as valid evidence of service. This means that the court will accept these as proof unless someone can prove they are incorrect.
- Details: This clause helps avoid unnecessary delays in the legal process. It ensures that the case can continue without waiting for the physical presence of the serving officer. The court will trust the documents, unless solid proof shows otherwise.
- Why is this important? This process speeds up the legal system, allowing cases to move forward even when logistical challenges arise, such as the officer being unavailable or the summons being served outside the jurisdiction.
Section 70 of BNSS Overview
BNSS Section 70 ensures that summons can be validly served and proven even if the delivery happens outside the court’s jurisdiction or if the officer who served the summons isn’t at the hearing. It allows for both physical and electronic summons, and it provides a process for verifying the service through affidavits and signed duplicate copies.
BNSS Section 70 – 10 Key Points
1. Service of Summons Outside the Court’s Local Area
When a court summons someone who lives in another city or district, the court does not send an officer from its area. Instead, the court sends the summons to the local authorities (like the local police or magistrate) in the area where the person resides.
- Why is this important? It ensures that the summons reaches the person even if they live far from the court’s jurisdiction.
Example: A Delhi court issues a summons for a person in Kolkata. The court sends it to Kolkata’s local police, who then deliver the summons on behalf of the Delhi court.
2. Officer Not Present at Court Hearing
Sometimes, the officer who delivered the summons cannot attend the court hearing. This might happen because the officer is working in a different area, or they might have an unavoidable reason for not being at the hearing.
- What happens then? In such cases, the officer who served the summons provides a sworn statement (affidavit) that confirms the summons was delivered correctly.
3. Affidavit Must Be Made Before a Magistrate
For the affidavit to be legally accepted, the officer must swear it before a Magistrate (a judicial officer). This means the officer must go to a judge, provide the facts about the service of the summons, and confirm under oath that the details are correct.
- Why is this important? The oath taken by the officer in front of a Magistrate makes the affidavit a legally binding document. The court will assume the information in the affidavit is true unless there is solid proof that it’s false.
4. Details in the Affidavit
The officer’s affidavit should contain all the relevant details about the summons delivery. This includes:
- Who received the summons,
- Where and when it was delivered,
- How it was delivered (e.g., handed over directly or left at the person’s residence),
- The officer’s signature.
These details help the court verify the service was carried out properly.
5. Duplicate Copy of the Summons
Along with the affidavit, the officer sends a duplicate copy of the summons (a second copy of the original). The duplicate should be signed or endorsed by the person who received it or by the person at whose residence it was left.
- Why is this important? The signed duplicate serves as additional proof that the summons was successfully delivered.
6. Court Accepts the Affidavit as Proof
Once the court receives the affidavit and the duplicate copy of the summons, it will accept the affidavit as valid evidence.
- Unless proven false, the court will trust the affidavit as a factual account of the delivery.
- Why does this matter? It prevents delays in legal proceedings, especially when the officer is unavailable.
7. Electronic Summons Are Also Valid
In today’s digital world, summons can be sent electronically (e.g., through email, SMS, or any other digital platform). Section 70 confirms that any summons sent electronically is legally valid and must be treated the same as a physical summons.
- Why is this significant? This allows for quicker service of summons, especially when the person to be summoned is far away.
8. Saving Electronic Summons as Proof
A copy of the electronic summons must be saved by the officer who sent it. The officer must then attest (verify) that it was delivered properly, and this copy is kept as proof.
- What does this mean? The electronic copy serves as proof for the court that the summons was sent and received, and it is treated just like a physical summons.
9. Related to Sections 64 to 71
Section 2170 builds upon the procedures outlined in Sections 64 to 71 of BNSS. These sections explain the various methods of delivering a summons, including personal delivery, leaving it at the residence, and electronic communication.
- Why is this relevant? Section 2170 makes sure all these different methods are treated equally in terms of legal validity.
10. Helps Avoid Delays in Court Cases
The main goal of Section 70 is to ensure that court proceedings are not delayed due to problems with delivering a summons. Even if the officer is not present or the summons was delivered outside the court’s local area, the affidavit and duplicate copy act as sufficient proof for the court.
- Why does this matter? It keeps the legal process moving forward without unnecessary holdups or delays.
Examples of BNSS Section 70
Example 1:
A court in Mumbai sends a summons to a witness living in Jaipur. The local Magistrate in Jaipur gets the summons served. At the hearing, the officer who delivered the summons is not present, but his affidavit of service is accepted by the court as proof.
Example 2:
A summons is sent through official court email to an accused person. A copy of the email with the court’s digital seal is printed, signed, and stored. This becomes valid proof of service under BNSS 70.
Section 70 of BNSS Short Information
| Key Point | Description |
|---|---|
| 1. Service Outside Jurisdiction | If summons are served in another area, proof can be submitted via affidavit. |
| 2. When Officer is Absent | If the officer is not present in court, their signed affidavit is acceptable as evidence. |
| 3. Affidavit Requirements | The affidavit must be sworn before a Magistrate and show how, where, and to whom the summons was served. |
| 4. Electronic Summons Valid | Summons sent via digital means (email, app, etc.) are accepted by court as valid service. |
| 5. Record Keeping | A copy of the electronic summons must be saved, attested, and used as official proof of service. |
BNSS Section 70 FAQs
BNSS 70
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