Section 67: Procedure When Service Cannot Be Effected As Before Provided
Code:
If service cannot by the exercise of due diligence be effected as provided in section 64, section 65 or section 66, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.
Explanation:
This section deals with the procedure for serving a summons when the usual methods of service (as outlined in sections 64, 65, and 66 of the BNSS) fail. It essentially provides an alternative method for serving a summons in such situations.
Illustration: Procedure When Service Cannot Be Effected As Before Provided
- Let’s say a person named “X” has been summoned to appear in court. The serving officer tries to serve the summons at X’s residence but finds that X is not present and no one else is available to accept the summons.
- The serving officer then makes reasonable attempts to locate X by visiting his place of work, contacting his family members, etc., but still fails to serve the summons.
- In this case, the serving officer can affix a copy of the summons to a conspicuous part of X’s house or homestead, indicating that the summons has been attempted to be served.
- The court, upon receiving the serving officer’s report, can then inquire into the matter and decide whether the summons has been effectively served or order fresh service in a different manner.
Common Questions and Answers
Q: What constitutes a “conspicuous part” of the house or homestead?
A: It refers to a place where the summons is likely to be noticed, such as the front door, main gate, or any prominent area of the house.
Q: What inquiries does the court make before declaring that the summons has been duly served?
A: The court may examine the serving officer’s report, consider any evidence presented regarding the attempts made to serve the summons, and assess whether the method of service was appropriate and likely to have brought the summons to the attention of the person summoned.
Q: What are the different methods of fresh service that the court can order?
A: The court has the discretion to order fresh service through various methods, such as:
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- Serving the summons through registered post with acknowledgment due.
- Serving the summons through a public announcement.
- Serving the summons through a newspaper publication.
- Any other method deemed appropriate by the court.
