Section 70: Proof of service in such cases and when serving officer not present
Section 70 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure to prove the service of summons, especially when the summons is served out of the local jurisdiction of the court or the serving officer cannot appear before the court to prove service.
In case a summons issued by the court is served beyond its local jurisdiction, such service may be proved by an affidavit filed before a Magistrate. This affidavit must aver that the summons was served duly and must be supported by a duplicate of the summons, which must be endorsed by the person who received the summons or the person with whom it was left. This procedure facilitates the acceptance of service even when the serving officer is not available to testify personally at the hearing.
The affidavit, once filed, is considered prima facie assurance that the summons was served. The affidavit is presumed correct unless rebutted, and hence, a proper record of service is established
even if the serving officer is absent at the time of the hearing. This clause, therefore, effectively overcomes the problem of delay in litigation due to non-availability of the serving officer.
The affidavit and the endorsed duplicate of the summons must be returned to the issuing court. This way, there is a clear and documented trail of service, and the court can ascertain that the service has been completed. Such documentation helps maintain transparency and accountability in the legal process.
