Bharatiya Nagarik Suraksha Sanhita, 2023
Section 69
Service of summons outside local limits
When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.
Why this exists
Indian courts each have a defined local jurisdiction, but people often live, travel, or work outside the area of the court dealing with their case. This provision (carried forward from the older Code of Criminal Procedure's Section 78) creates a practical mechanism: instead of a court trying to serve papers itself in a distant place where it has no authority, it routes the task through a local Magistrate who does have authority there, ensuring summons are validly and efficiently delivered anywhere in the country.
Common misconceptions
- Myth: A court can directly send its officers to serve summons anywhere in India.
Fact: A court's own officers usually only have power within its local area; to serve someone outside that area, the court routes the summons through a Magistrate who has authority there.