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Section 70 - The Bharatiya Nagarik Suraksha Sanhita, 2023
70. Proof of service in such cases and when serving officer not present.
(1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.
(3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of service of summons.
Related Sections
- Section 318: Record in High Court
- Section 231: Supply of copies of statements and documents to accused in other cases triable by Court of Session
- Section 390: Appeals from convictions under sections 383, 384, 388 and 389
- Section 428: Judgments of subordinate Appellate Court
- Section Form No.56: Warrant of Imprisonment on Breach of a Bond to keep The Peace