What are the Procedures when service cannot be effected as
before provided? How to serve summon on Government? How to serve
summon outside local limits? What is Proof of service in such
cases and when serving officer not present? How to service
summon to witness by post? Section 65, 66, 67, 68 and 69 of Code
of Criminal Procedure 1973.
Procedure when service cannot be effected as before
provided, Service on Government, Service of summons outside
local limits, Proof of service in such cases and when serving
officer not present, Service of summons on witness by post are
defined under Section 65, 66, 67, 68 and 69 of CRPC 1973.
Provisions under these sections are:
Section 65 of CRPC. "Procedure when service cannot be
effected as before provided"
If service cannot by the exercise of due diligence be effected
as provided in section 62, section 63 or section 64, the serving
officer shall affix one of the duplicates of the summons to some
conspicuous part of the house or homestead in which the person
summoned ordinarily resides; and thereupon the Court, after
making such inquiries as it thinks fit, may either declare that
the summons has been duly served or order fresh service in such
manner as it considers proper.
Section 66 of CRPC. "Service on Government"
(1) Where the person summoned is in the active service of
the Government, the Court issuing the summons shall ordinarily
sent it in duplicate to the head of the office in which such
person is employed; and such head shall thereupon cause the
summons to be served in the manner provided by section 62, and
shall return it to the Court under his signature with the
endorsement required by that section.
(2) Such signature shall be evidence of due service.
Section 67 of CRPC. "Service of summons outside local
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
Section 68 of CRPC. "Proof of service in such cases and when
serving officer not present"
(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 62 or section 64) 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 are returned to the Court
Section 69 of CRPC. "Service of summons on witness by
(1) Notwithstanding anything contained in the preceding
sections of this Chapter, a Court issuing a summons to a witness
may, in addition to and simultaneously with the issue of such
summons, direct a copy of the summons to be served by registered
post addressed to the witness at the place where he ordinarily
resides or carries on business or personally works for gain
(2) When an acknowledgment purporting to be signed by the
witness or an endorsement purporting to be made by a postal
employee that the witness refused to take delivery of the
summons has been received, the Court issuing the summons may
declare that the summons has been duly served