Section 68: Sevice on Government Servant
Section 68 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains the method to serve summons upon government servants to ensure that all government employees receive due notice regarding their court appearances or any legal case.
The court is required to send the summons in duplicate to the head of the office in which the government employee is employed. This will ensure that the summon is communicated within official channels, thereby making the process much more formal as well as secure since the communication is assured to reach the relevant authority within the framework.
The head of the office has the duty of effecting service of the summons in accordance with the procedures that are outlined in Section 64 of the BNSS, which standardizes the mode of service. These procedures usually include personally serving the summons to the person or, if the person cannot be found, leaving the summons with an adult member of the
person's household or at the person's dwelling. This way, the summons is served in a way that is legal enough, even if the person it is meant for is not present at the time.
The head of the office, after performing the service, shall deliver the summons to the court with a signature and, if necessary, with endorsements as required to ascertain that the summons was served. This process therefore provides a record of service on the summons since it is confirmed that summons was delivered legally. The endorsement of the summons by the head of the office with the necessary signature serves to prove that government servant was informed.
The head of the office signature with any necessary endorsements is considered as sufficient proof that the summons was delivered appropriately. This rule has simplified the law by making service records clearly traceable, and thus minimizing conflicts over whether or not the summons was delivered adequately.
Important Points:
-By insisting that the summons be sent to the head of the office, Section 68 ensures that the process of service is traceable and accountable in government departments. This way, there is minimal risk that employees of the government are not served with a legal notice as a result of bureaucratic failure or communication breakdown.
-This process of structured service, as depicted in this section, can reduce ambiguity as to whether a government servant has received proper service or not. Clear definition of the authority responsible for service and procedure to be adopted ensures that there is a complete understanding between both the authorities and the individual to be summoned as far as legal processes are concerned.
-The structured procedure for serving government employees combined with the condition of having documented evidence of service enhances the effectiveness of the legal system. This reduces delays and the likelihood of procedural mistakes; hence, legal actions against government officers are conducted smoothly without unnecessary hindrances.
