Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 66: Service when persons summoned cannot be found.
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.
Brefe Detail
Section 66 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedure for serving a summons when the summoned individual cannot be located despite due diligence. In such cases, the summons can be left with an adult family member residing with the individual. The person receiving the summons must sign a receipt if requested by the serving officer. It is clarified that a servant does not qualify as a family member for the purposes of this section.
Question & Answers
Q: What should be done if the person summoned cannot be found?
A: If the person summoned cannot be found despite due diligence, the summons may be served by leaving one of the duplicates with an adult member of their family residing with them.
Q: Who is required to sign a receipt for the summons?
A: The adult family member with whom the summons is left must sign a receipt on the back of the other duplicate if required by the serving officer.
Q: Does a servant count as a family member in this context?
A: No, a servant is not considered a member of the family within the meaning of this section.
Example
- If a person is not at home, a police officer can leave the summons with an adult child who lives with them.
- The adult must sign a receipt confirming they received the summons, but a household servant cannot receive it.
Summary
Section 66 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes a process for serving summons when the intended recipient cannot be located. It permits service to be made to an adult family member while ensuring that a receipt is signed. The section also clarifies that servants are not included as family members for this purpose.
