Section 66: Service when persons summoned cannot be found
Section 66 of the BNSS, 2023 makes provision for when a person summoned can't be traced despite diligent effort. If the person to be summoned cannot be found after due diligence, the summons may be served by delivering a duplicate to an adult member of the person's family who resides with him. Previously it was to be given an adult male member but now it has been changed to bring this provision in line with gender equality. This provision ensures that the summons reaches someone who is likely to inform the person about the legal proceedings.
The adult family member to whom summons is addressed should sign a receipt on the duplicate copy, in case the officer serving summons so requires. Such a signature provides prima facie proof that the summons was delivered in due course of law to some responsible member of the household.
The section clearly defines what a "family member" means, thereby eliminating servants or
employees of the person being summoned. In this way, the summons can only be handed over to the person with the family relationship with the person who is being summoned, which therefore strengthens the legal validity of service.
The section clearly indicates that before making the decision to serve a family member, the officer must show reasonable efforts to find the individual who is supposed to be served. These efforts include due diligence, which simply means the officer has to use all reasonable means to locate and serve the person before settling on service to a family member.
If the person to be served is not found but the summons has been attempted to be served on a family member, Section 67 provides alternate modes of service. These are affixing the summons on some conspicuous place of the residence of such person, as for example, door or wall of his house likely to give notice of such affixation to that person; or, alternatively, the court may direct fresh service if the circumstances so warrant.
