Sections 65 to 69 CrPC: Service of Summons Before the BNSS

Section 65 CrPC - Procedure when service cannot be effected as before provided

Meaning: Section 65 provided a substituted method of service where, despite due diligence, service could not be completed under Sections 62, 63 or 64 CrPC.

If service could not, by exercise of due diligence, be effected under those preceding provisions, the serving officer was required to affix one duplicate of the summons to a conspicuous part of the house or homestead where the person summoned ordinarily resided. The Court could then make such inquiry as it considered fit and either declare the summons duly served or direct fresh service in an appropriate manner.

This provision therefore did not make affixation automatically conclusive in every case; the Court retained authority to examine the circumstances and decide whether service should be treated as sufficient.

Section 66 CrPC - Service on Government servant

Meaning: Section 66 prescribed the ordinary mode for serving a person who was in active Government service.

The Court issuing the summons was ordinarily required to send it in duplicate to the head of the office in which the person was employed. The head of office was then to cause service in the manner contemplated by Section 62 and return the summons to the Court under signature with the required endorsement. Under sub-section (2), that signature constituted evidence of due service.

Section 67 CrPC - Service of summons outside local limits

Meaning: Section 67 dealt with a summons that had to be served beyond the territorial limits of the issuing Court's local jurisdiction.

The issuing Court was ordinarily to send the summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resided or was present, so that it could be served there.

Section 68 CrPC - Proof of service and absence of serving officer

Meaning: Section 68 provided an evidentiary mechanism for proving service where a summons was served outside the Court's local jurisdiction or the serving officer was not present at the hearing.

An affidavit purporting to have been made before a Magistrate stating that the summons had been served, together with the endorsed duplicate contemplated by Section 62 or Section 64, was admissible in evidence. The statements in the affidavit were treated as correct unless the contrary was proved. The affidavit could be attached to the duplicate summons and returned to the Court.

Section 69 CrPC - Service of summons on witness by post

Meaning: Section 69 enabled a Court to use registered post as an additional and simultaneous mode for service of a summons on a witness.

Notwithstanding the preceding provisions of the Chapter, the Court could direct a copy of the witness summons to be served by registered post at the place where the witness ordinarily resided, carried on business or personally worked for gain.

Where the Court received an acknowledgement purporting to bear the witness's signature, or a postal endorsement indicating refusal to accept delivery, the Court could declare the summons duly served.