BNSS Section 67 – Procedure When Service Cannot Be Effected as Before Provided

Introduction

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has brought in several changes to India’s criminal procedure system, replacing the old Criminal Procedure Code (CrPC). One of the crucial parts of this law deals with how courts make sure that summons are properly served to people involved in a case.

Serving summons might sound like a simple task—an officer hands over a legal notice to the person required to appear in court. But in practice, it is not always so easy. Many people try to avoid summons, while in other cases, the person may simply not be found. To handle such situations, BNSS Section 67 lays down a specific method.

In this article, we will break down Section 67 in plain words, explain how it works, why it is important, and answer common questions people often ask about this provision.

The Law Under Section 67 BNSS

The section says that:

• If, despite due efforts, the summons cannot be served under Section 64 (personal service), Section 65 (service on family member), or Section 66 (service on corporate bodies),

• The serving officer must affix one copy of the summons to a clear and visible part of the house or homestead where the person normally lives.

• After this, the Court will look into the matter. It can either declare the summons duly served or order fresh service if it feels necessary.

Breaking It Down in Simple Words

Let’s simplify the idea behind Section 67:

1. When normal service fails: If a summons cannot be delivered directly to the person or through family/official channels, the next step is taken.

2. Affixing the summons: The officer sticks the summons on a part of the house that is easily visible—like the main door, front wall, or entrance gate.

3. Court’s role: The judge does not blindly accept this as service. The Court examines the situation and then decides whether the summons is treated as served or whether another attempt is needed.

So, this section is basically a safety net that ensures people cannot escape legal proceedings simply by avoiding the officer at the door.

Why Section 67 Matters

• Prevents delay in trials: Without this rule, accused persons could simply stay out of reach, causing cases to drag on.

• Fairness is maintained: The Court carefully checks whether affixation was done properly before declaring the summons valid.

• Closes loopholes: It blocks the tactic of “dodging summons” that some people try to use.

Link with Other Sections

To understand Section 67 better, it helps to know the sections that come before it:

• Section 64 – Summons should normally be served directly to the person.

• Section 65 – If the person is not found, it can be delivered to an adult male family member.

• Section 66 – If it is meant for a company or society, it is served on their officer or manager.

Only when all these fail does Section 67 come into play.

Example from Daily Life

Imagine a man named Arjun who is required to appear in court. The officer visits his house multiple times, but Arjun either hides or tells his family to refuse the summons. His neighbours confirm that he lives there, but he keeps avoiding the officer.

At this point, the officer pastes the summons on Arjun’s front door. Later, the Court checks the officer’s report and may declare that Arjun was properly served. Arjun cannot argue that he didn’t know about the summons.

Frequently Asked Questions on Section 67 BNSS

What happens if the summons cannot be served personally?

The officer affixes a copy on the house of the person concerned. The Court then examines the situation before deciding whether the service is valid.

Does pasting the summons on the house automatically count as valid service?

No. The Court has the final say. It may treat it as valid or may ask for another attempt.

What does “conspicuous part of the house” mean?

It simply means a visible place, such as the main entrance, gate, or wall, where the notice cannot go unnoticed.

Who carries out this process?

The serving officer, usually a police officer or a court process server, is responsible for affixing the summons.

Does this section also apply to warrants?

No. Section 67 deals only with summons. Warrants have separate rules under BNSS.

Importance in India’s Criminal Procedure

The Indian legal system faces a common problem—accused persons sometimes avoid summons to delay proceedings. Section 67 addresses this issue effectively. It ensures that the case does not come to a standstill and at the same time gives the Court the power to check whether the method was fair.

This balance between speedy justice and fair opportunity is what makes Section 67 so valuable.

Section 67 BNSS vs. Old CrPC

Under the old Criminal Procedure Code (CrPC), there was a similar rule (Section 65). The BNSS retains this idea but places it more clearly within the modern framework. The purpose remains the same: no one should be able to dodge the legal system by simply avoiding summons.

Why This Provision Is Relevant for Everyone

• For lawyers: It helps them assess whether the summons was legally valid.

• For accused persons: It makes them aware that avoiding summons won’t help their case.

• For ordinary citizens: It shows that the legal system has safeguards to ensure justice moves forward without unnecessary delay.

Also read: BNSS Section 64

Conclusion

Section 67 of BNSS 2023 is a practical tool that ensures summons are not ignored or avoided. It gives officers a clear method to follow when direct service is not possible and gives courts the authority to decide whether the service should be treated as valid.

This provision strengthens the criminal procedure system by making sure cases are not stalled due to technical excuses. At the same time, it protects fairness by allowing the court to order fresh service when required.

In simple words, Section 67 makes the justice process efficient, fair, and difficult to escape from.