BNSS Section 68 – Service of Summons on Government Servant Explained

Introduction

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has introduced a modern legal framework to replace the old Code of Criminal Procedure (CrPC). One of the important features of this new law is the updated procedure for issuing and serving summons.

Summons are legal notices requiring a person to appear in court. While most citizens receive them directly at their home or through family members, BNSS Section 68 creates a special rule for government servants. This ensures that summons are delivered properly within the government office system and acknowledged officially.

This article explains BNSS Section 68 – Service of Summons on Government Servant in simple words. We will cover the procedure, purpose, differences from general rules, responsibilities of the head of office, and frequently asked questions.

What is BNSS Section 68?

Section 68 of BNSS states:

When a person who is summoned is in the active service of the Government, the court issuing the summons must ordinarily send it in duplicate to the head of the office where that person is employed. The head of the office must then cause the summons to be served in the manner provided by Section 64 and return it to the court with his signature and endorsement.
The signature of the head of the office shall be treated as evidence of due service.

Section 68 BNSS Explained in Simple Words

To put it simply, if the court issues a summons to a government servant, the process is different from an ordinary citizen:

The court does not send the summons directly to the employee.
Instead, it sends two copies of the summons to the head of the office where the employee works.
The head of the office ensures delivery of the summons to the employee by following the general procedure given under Section 64 BNSS.
Once the summons is served, the head of office signs it and returns the copy to the court.
This signed return acts as conclusive proof that the summons was properly delivered.

This method is reliable, ensures accountability, and avoids disputes about whether the summons was actually received.

Procedure of Serving Summons on Government Servant

The procedure under BNSS Section 68 works step by step:

Court issues summons → in duplicate, addressed to the government servant.
Summons sent to head of office → not directly to the employee.
Head of office serves summons → following Section 64, which may involve personal delivery or leaving it with a responsible person if necessary.
Head signs and endorses summons → confirming delivery.
Return to court → signed copy goes back as evidence of service.

Role of Head of Office in Serving Summons

The head of the office plays a critical role under Section 68 BNSS:

Acts as the official intermediary between the court and the employee.
Ensures summons reaches the employee without delay.
Provides legal proof of service by signing and returning the summons.
Maintains accountability since the court relies on this confirmation.

If the head of office fails in this duty, it may cause delay in proceedings and could attract disciplinary consequences.

Difference Between Section 64 and Section 68 of BNSS

To understand why Section 68 is special, it helps to compare it with Section 64 of BNSS.

Section 64 BNSS → general rule for all citizens. Summons are delivered directly to the person or to an adult family member at their residence.
Section 68 BNSS → special rule for government servants. Summons are routed through the head of office, who confirms delivery.

In short, Section 64 covers private individuals, while Section 68 is designed for government employees to respect administrative discipline and provide an official record of service.

Proof of Service in BNSS Section 68

One of the most important parts of Section 68 is that the signature of the head of office is treated as evidence of due service.

This means:

The court does not need additional proof that the summons was delivered.
The head’s confirmation is final and binding.
The employee cannot later claim that they did not receive the summons, as the official record shows otherwise.

This provision strengthens accountability and avoids unnecessary disputes in court.

Purpose of Section 68 BNSS

The special procedure under Section 68 exists for several reasons:

Ensures accountability – summons are delivered officially, with no chance of negligence.
Maintains discipline – respects government office hierarchy.
Prevents evasion – employees cannot escape responsibility by denying service.
Streamlines communication – courts and government offices coordinate directly.
Protects dignity – service happens through official channels instead of personal embarrassment.

Practical Implications of Section 68

In real-life practice, Section 68 has significant implications:

Smooth court functioning – avoids repeated adjournments due to failure of summons delivery.
Responsibility on offices – government departments must treat this as a legal duty.
Transparency in service – court has written proof of service through the head’s signature.
Applies across government levels – covers both central government and state government servants in active service.

FAQs on BNSS Summons to Government Employees

1. Can a summons be served directly to a government servant?

Normally, no. The summons should go through the head of office as per Section 68 BNSS. Direct service may be allowed only if the court orders it specifically.

2. Does Section 68 apply to both central and state government employees?

Yes. The rule applies to all government servants in active service, regardless of whether they work for the central government or a state government.

3. What happens if the head of office does not return the summons to court?

If the head of office fails to perform this duty, the court may issue further directions or take action for negligence. It can delay proceedings, but responsibility falls on the office.

4. Why is the head’s signature enough proof of service?

Because the law recognizes the head of office as an authority who is accountable. Their endorsement is reliable evidence that the summons has been delivered.

5. Does Section 68 apply to retired officials?

No. Section 68 applies only to government servants in active service. Retired officials are served under the general provisions of Section 64 BNSS.

Importance of BNSS Section 68 in Modern Legal System

The BNSS 2023 summons procedure aims to make criminal proceedings faster and more efficient. Section 68 is important because:

It guarantees effective delivery of summons to government servants.
It reduces the scope of delays caused by disputes about service.
It reinforces the responsibility of government offices in judicial cooperation.
It ensures government servants cannot evade legal obligations.
It modernizes procedures compared to the old CrPC and makes the justice system more reliable.

Conclusion

BNSS Section 68 – Service of Summons on Government Servant provides a specialized, reliable process for delivering summons to employees in active government service. By routing the summons through the head of office and treating their signature as proof of service, the law ensures discipline, accountability, and efficiency.

While Section 64 BNSS applies to the general public, Section 68 gives a structured method tailored for government employees. It protects their dignity, respects administrative hierarchy, and prevents unnecessary disputes in court.

In today’s justice system, this provision plays a crucial role in balancing legal efficiency with administrative responsibility, ensuring that courts and government offices work together to uphold the rule of law.