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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter VI

OF PROCESSES TO COMPEL APPEARANCE

A.-Summons

Proof of service in such cases and when serving officer not present
74.(1) When a summons issued by a Court is served outside the local limits of its 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 manner provided by section 69 or section 70) 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.
 
 
(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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