Section 69: Service of summon outside local limits

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Section 69: Service of summon outside local limits

Section 69 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a process for the serving of summons beyond the local jurisdiction of the court issuing it. This is necessary to make effective and full enforcement of judicial procedures possible, even if the party to be served is outside the territorial jurisdiction of the court's domain.

The issuing court retains jurisdiction to order service at a place other than within the local limits of such court, and especially where such person resides out of such local limits. This way, it is possible for summonses to be served anywhere in the world, irrespective of the location of the defendant or the witness, so that litigation can continue.

To be served, the court shall forward a duplicate of the summons to the Magistrate who has jurisdiction over the area where the person resides. This allows the local authority to serve the summons as per the local procedure and law.

On the receipt of summons, service has to be conducted by the local Magistrate. The delegation to a local judicial power guarantees the efficiency of service so that the process is followed strictly in accordance with the norms of law locally prevalent. Service conducted through involvement by a local Magistrate guarantees maximization of logistical efficiency and facilitates the delivery without unnecessary delay.

It allows summonses to be served outside the local jurisdiction of the issuing court. This provision ensures that no one can escape legal obligations merely by residing outside the territorial limits of the court. This provision is vital for the smooth performance of legal processes, especially in cases where a person tries to avoid service by staying in a different place.

The service by a local Magistrate ensures the smooth completion of service outside the jurisdiction, as local courts and authorities are more conversant with the localities and better placed to complete the task promptly. This makes the legal process more efficient in terms of time and resources.