Concept Applications 6.5.1 Situational Problems on Service of Summons

September 22, 2026

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Situational Problems on Serving of Summons

Q1. A Magistrate issues a summons to A, requiring him to appear before the Court. A is not available at his residence, but his adult brother, who ordinarily resides with him, is present. The process server delivers the summons to the brother and obtains his signature on the duplicate.

(a) Is the service of summons valid?

Yes, the service of the summons is valid. According to Section 66 BNSS, where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

(b) What requirements must be satisfied for valid service under Section 64 BNSS?

Summons must be in writing; It must be in duplicate form; It must be signed and sealed by the presiding officer of the court or such other officer authorized by the High Court; It must mention the time and place where attendance of person summoned required; and it must bear the seal of the court. If the summon is in an encrypted or any other form of electronic communication then it shall bear the image of the seal of the Court or digital signature.

Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant. The police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by rules, provide.

According to Section 64(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 the summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.

(c) If B’s adult family member is also unavailable, then what alternative method of service can be adopted by the Court?

The police officer should justify that he had taken proper efforts to serve it as prescribed in Section 64 BNSS and then under Section 66 BNSS and failed to serve. Under Section 67 BNSS, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead where the person summoned resides ordinarily. After that Court will make such enquiries as it thinks fit upon which it may either declare that summons has been duly served or will order fresh service in a manner as it considers proper.

Q2. A government employee is summoned to appear before a criminal court. Instead of serving the summons directly on him, the process server sends it to the head of his office.

(a) Is such service permissible? Explain the procedure to serve summons on a government employee.

Yes, this is the procedure prescribed under BNSS.

Under Section 68 BNSS, when a Government Servant is to be summoned and is in active service of the Government, then the summons in duplicate shall ordinarily be sent to the Head of the office in which such person is employed. Now, the head of the office is bound to serve it to such person as specified under 64 BNSS. After obtaining signature on the back of the duplicate from such person, he has to return the signed copy with endorsement to the Court.

Q3. A Magistrate in Mumbai issues a summons against C, who resides in Pune. The Magistrate directs the summons to be served at C’s residence in Pune.

(a) Can the summons be served outside the Magistrate’s local jurisdiction?

Yes, summons can be served outside the Magistrate’s local jurisdiction.

(b) What procedure should be followed?

Under Section 69 BNSS, when a Court wants to summon someone beyond its local jurisdiction then the Court should send such summons in duplicate a Magistrate under whose jurisdiction the person resides. The Magistrate under whose jurisdiction the person resides issue it to concerned police officer to serve it.

Under Section 70 BNSS, if the serving officer of the jurisdiction in which the person resides is unable to attend the trials, then he can make an affidavit saying that he has served the summons in the manner provided by section 64 or section 66 of the Sanhita. This affidavit with duplicate signed copy of the summons shall be considered as admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

Q4. The prosecution claims that a summons was duly served upon D. D denies receiving it and states that the signature appearing on the acknowledgment is not his.

(a) How can service of the summons be proved before the Court?

Service of a summons may be proved before the Court through the return or endorsement of the serving officer. The serving officer should record the manner in which the summons was served and, where an acknowledgment is required, the acknowledgment bearing the signature of the person served.

In the given situation, since D denies that the signature on the acknowledgment is his, the prosecution cannot rely merely on the disputed signature. The Court may examine the evidence of the serving officer and other relevant evidence to determine whether the summons was actually served upon D.

Thus, the fact of service is established by the prescribed proof/return of service and supporting evidence, and the Court must decide the disputed service after considering the evidence produced by both sides.

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