Section 69: Service Of Summons Outside Local Limits
Code:
When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.
Explanation:
This section of the BNSS code deals with the process of serving summonses when the person to be summoned resides or is located outside the jurisdiction of the issuing court. It outlines the procedure for transmitting summonses to another court for service.
Illustration:
Imagine a court in Delhi needs to serve a summons on an individual residing in Mumbai. Since the individual is outside the court’s jurisdiction, the Delhi court will send a duplicate copy of the summons to a Magistrate in Mumbai. The Magistrate in Mumbai then becomes responsible for serving the summons to the individual.
Common Questions and Answers: on Service Of Summons Outside Local Limits
Q: Why does the court send duplicate summonses?
A: One copy is for the Magistrate to keep for record-keeping, and the other copy is for the Magistrate to serve on the individual.
Q: What if the Magistrate cannot serve the summons?
A: The Magistrate will report back to the issuing court with details of their attempts and the reason for failure. The court can then decide on further steps.
Q: Can the court directly serve the summons outside its jurisdiction?
A: Yes, but it is generally considered more efficient and practical to utilize the services of a local Magistrate.
