Section 68 of The Code of Criminal Procedure, 1973
- (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 62 or section 64) 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.
Summary
- This section provides a way to prove a notice was served without the server being present.
- A written sworn statement, called an affidavit, can be used as evidence of service.
- The affidavit must be made before a Magistrate.
- The server must attach a duplicate of the notice that was signed by the person receiving it.
- The court will believe the affidavit is true unless someone proves it is false.
Practical examples
FAQ
1. Can a sworn statement prove a summons was served under Section 68 of the Code of Criminal Procedure, 1973?
Yes, Section 68 of the Code of Criminal Procedure, 1973, allows an affidavit made before a Magistrate to serve as evidence of service.
2. What must be attached to the affidavit in Section 68 of the 1973 Code?
A duplicate of the summons endorsed or signed by the recipient must be attached, according to Section 68 of the 1973 Code.
3. Is the server's presence required in court if an affidavit is filed under Section 68 of the 1973 Act?
No, Section 68 of the 1973 Act is specifically used for proof when the serving officer is not present at the hearing.
4. Are the statements in an affidavit under Section 68 of the Criminal Procedure Code final?
They are deemed correct unless and until the contrary is proved, as per Section 68 of the Criminal Procedure Code.
Test yourself
Q1.Under Section 68 of the Code of Criminal Procedure, 1973, what document makes service admissible in evidence when the officer is absent?
Q2.What is the legal weight of the statements in an affidavit under Section 68 of the Code of Criminal Procedure, 1973?
Q3.Under Section 68 of the 1973 Act, how must the duplicate summons be marked?
Q4.In which situation does Section 68 of the Code of Criminal Procedure, 1973, specifically apply?