Proof of service in such cases and when serving officer not present.

What this section does

Where a summons is served outside the issuing court's local jurisdiction, or where the serving officer is not present at the hearing, an affidavit made before a Magistrate attesting service, together with the endorsed duplicate, is admissible as evidence and the statements therein are presumed correct unless disproved. Additionally, all summons served through electronic communication under sections 64 to 71 are deemed duly served, and an attested copy must be kept as proof of such service.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Serving officer · Magistrate (before whom affidavit is made) · Court

Derived from CrPC s.68.