Section 69 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Service Of Summons Outside Local Limits.

Code: Section 69 BNSS

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 of Section 69 BNSS

Key Provisions

1. Summons Beyond Local Jurisdiction

   • A Court cannot directly serve summons outside its jurisdiction.

   • Instead, it sends the summons in duplicate to a Magistrate in the area where the person resides.

2. Role of the Receiving Magistrate

   • The local Magistrate ensures the proper delivery of the summons.

   • This ensures legal compliance and smooth execution.

3. Why is this Rule Important?

   • Ensures efficient coordination between different Courts.

   • Prevents jurisdictional conflicts.

   • Strengthens legal accountability.

Illustration of Section 69 BNSS

Example 1: Court Issues Summons to a Person in Another City

A Delhi Court needs to summon a witness who lives in Mumbai.

• The Delhi Court sends a duplicate summons to a Magistrate in Mumbai.

• The Mumbai Magistrate ensures the summons is served properly.

Example 2: Court Requires Testimony of a Businessman Residing in Chennai

A Bangalore Court issues a summons to a businessman in Chennai.

• The summons is sent to the Chennai Magistrate.

• The Chennai Magistrate delivers the summons, ensuring compliance.

Common Questions and Answers on Section 69 BNSS

1. Can a Court directly serve a summons outside its jurisdiction?

✅ No, it must send it to the Magistrate in the area where the person resides.

2. How many copies of the summons must be sent?

✅ The Court must send the summons in duplicate.

3. What happens if the receiving Magistrate does not serve the summons?

✅ The issuing Court can inquire and take necessary legal action.

4. Does this apply to electronic summons as well?

✅ No, electronic summons are covered under Section 70(3) BNSS.

5. Why does the law require a local Magistrate to be involved?

🚀 To ensure proper legal oversight and prevent jurisdictional issues.

Conclusion

Section 69 BNSS streamlines the service of summons outside local jurisdiction by:
✅ Ensuring summons reach the right authority,
✅ Involving the local Magistrate for proper delivery, and
✅ Preventing jurisdictional conflicts.

This provision enhances the efficiency of the legal system and ensures fair execution of legal processes.

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