Bharatiya Nagarik Suraksha Sanhita (BNSS) Code Section 66
Code
Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Explanation: A servant is not a member of the family within the meaning of this section.
Explanation
This section outlines the procedure for serving a summons in situations where the intended recipient cannot be found after reasonable efforts. The serving officer can leave a copy of the summons with an adult member of the person’s family residing at their address.
The person receiving the summons is required to sign a receipt on the back of another copy if asked by the officer. This serves as proof of service.
It is important to note that the term “family” in this context does not include servants.
Illustration
Imagine a situation where a police officer needs to serve a summons to Mr. X, who is not found at his home. After searching diligently, the officer finds Mr. X’s wife at their residence. The officer can leave a copy of the summons with her and ask her to sign a receipt for it.
Common Questions and Answers
Q: Can the summons be left with a minor family member?
A: No. The section specifies that the summons should be left with an “adult” member of the family.
Q: What if no family member is present at the residence?
A: In such cases, alternative methods of service may be explored, such as posting the summons or leaving it with a neighbor.
Q: Can the serving officer leave the summons with a servant?
A: No, the Explanation clarifies that a servant is not considered a family member for this purpose.
