BNSS Section 70 - Proof of
service in such
cases and
when serving
officer not
present.
Description of BNSS Section 70 - Proof of
service in such
cases and
when serving
officer not
present.
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(1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
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(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.
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(3) All summons served through electronic communication under sections 64 to 71 shall be considered as duly served and a copy of such electronic summons shall be attested and kept as a proof of service of summons.
| Section |
Offence |
Punishment |
Cognizance |
Bail |
Triable |
| 70 (1) |
Gang rape |
Rigorous imprisonment for not less
than 20 years but which may extend to
imprisonment for life which shall mean
imprisonment for the remainder of that
person’s natural life and with fine. |
Cognizable |
Non-bailable |
Court of session |
| 70 (2) |
Gang rape on a woman under
eighteen years of age. |
Imprisonment for life which shall mean
imprisonment for the remainder of that
person’s natural life and with fine or
with death. |
Cognizable |
Non-bailable |
Court of session |
