Section 67: Procedure when service cannot be effected as before provided
The provision regarding the steps to be followed in case methods of service of summons, according to Sections 64, 65, and 66, cannot be affected, is described under Section 67 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It makes possible that legal actions take place despite such circumstances under which the aforementioned ordinary service methods may not reach the individual being summoned.
In cases where service under the provisions of Sections 64, 65, or 66 is not successful, the officer charged with the duty of serving the summons shall attach a duplicate copy of the summons to a conspicuous part of the residence or dwelling place of the person summoned. This can be a door, gate, or any other significant place in the property where the summoned person is residing. The rationale for this is that the summons must be noticed and accessible for easy legal notification.
Once a summons is attached, the court is authorized to make an inquiry into whether it has been
duly served. Subsequent to this inquiry, the court may then decide to declare the service properly executed, whereby the summons has effectively been served due to the attaching process.
Order fresh service, if the court thinks that service had been defective or irregular and shall state another method of service as it orders appropriate.
