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Section 68 — Proof of service in such cases and when serving officer not present
68
68
Proof of service in such cases and when serving officer not present
Code of Criminal Procedure, 1973
Chapter VI Processes to Compel Appearance
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
SummonsProof Of ServiceLegal ProcedureCourt Process
🗣️ Simple Explanation
What does this law say? Section 68 of the CrPC explains how to prove a summons was served, especially when it's served outside the court's area. If the person who served the summons isn't at the hearing, an affidavit (a sworn statement) from a Magistrate and a copy of the summons with proof of delivery are used as evidence.
Why does this law exist? This law ensures there is proof that a summons was delivered. It helps the court know the person was properly notified. This is important for fairness and due process.
Real-life impact This affects you if you are served a summons outside the court's area. It also affects you if you are the one serving the summons. It ensures there is a record of the summons being delivered. It helps the legal process to work smoothly.
What happens if you break this law? This section is about the process of proving service, not about breaking a law. There is no direct punishment for violating this section. However, failing to follow the correct procedure could delay the legal process.
💡 Real Life Example

Rahul receives a summons in Mumbai, but the court is in Delhi. The officer who served the summons can't attend the hearing. An affidavit from a Magistrate in Mumbai and a copy of the summons are used as proof. This proves Rahul was notified.

Priya is served a summons in Chennai. The officer who served the summons is not present in court. An affidavit and a copy of the summons are used as evidence. This confirms Priya received the summons.

🛡️ KNOW YOUR RIGHTS
  • •Understand the proof of service.
  • •Check the affidavit and the copy of the summons.
  • •Seek legal advice if you have questions.
  • •Ensure the summons is served correctly.
❓ FREQUENTLY ASKED QUESTIONS
Section 68 of the CrPC explains how to prove a summons was served, especially when it's served outside the court's area. An affidavit from a Magistrate and a copy of the summons are used as evidence. This ensures there is proof that the person was notified. It helps the court to function smoothly.
If the proof of service is not correct, it could delay the legal process. The court might have to investigate further. This could lead to delays in the case. It is important to follow the correct procedure. This ensures fairness and efficiency in the legal system.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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