Section 65 BNSS 2023: Service of Summons on Corporate Bodies, Firms and Societies
Section 65 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down special rules for serving a Court summons on companies, corporations, firms and other associations of individuals. It identifies the persons on whom service may be made and also recognises service by registered post with a statutory rule of deemed service.
Text of Section 65, Bharatiya Nagarik Suraksha Sanhita, 2023
65. Service of summons on corporate bodies, firms, and societies.
(1) Service of a summons on a company or corporation may be effected by serving it on the Director, Manager, Secretary or other officer of the company or corporation, or by letter sent by registered post addressed to the Director, Manager, Secretary or other officer of the company or corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
Explanation.-In this section, "company" means a body corporate and "corporation" means an incorporated company or other body corporate registered under the Companies Act, 2013 or a society registered under the Societies Registration Act, 1860.
(2) Service of a summons on a firm or other association of individuals may be effected by serving it on any partner of such firm or association, or by letter sent by registered post addressed to such partner, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
Meaning of Section 65 BNSS
Section 65 provides a specific method for service where the person summoned is not an individual acting only in a personal capacity, but a company, corporation, firm or other association of individuals. Instead of requiring service on every person connected with the entity, the section identifies particular officers or partners through whom service can validly be effected.
The provision should be read with Section 64 BNSS, which contains the general rules governing service of summons, and the succeeding provisions dealing with special situations and proof of service.
Service on a company or corporation
Under Section 65(1), a summons addressed to a company or corporation may be served directly on its Director, Manager, Secretary or other officer. The provision therefore gives several recognised points of service within the organisation.
As an alternative, service may be effected by a letter sent by registered post to the Director, Manager, Secretary or other officer of the company or corporation in India.
When is registered-post service deemed complete?
Where the registered-post method is used under Section 65(1), service is deemed to have been effected at the time when the letter would arrive in the ordinary course of post. Section 65(2) applies the same deemed service rule where registered post is used for service on a partner of a firm or other association of individuals.
Definition of company under Section 65
The Explanation to Section 65 states that, for this section, "company" means a body corporate. This is the meaning expressly assigned by Section 65 for the purpose of service of summons under this provision.
Definition of corporation under Section 65
For Section 65, "corporation" means an incorporated company or other body corporate registered under the Companies Act, 2013, or a society registered under the Societies Registration Act, 1860.
These statutory references are part of the Explanation itself and help identify the entities that fall within the special service mechanism in Section 65.
Service on a firm or other association of individuals
Section 65(2) deals separately with a firm or other association of individuals. Service may be effected on any partner of the firm or association. It may also be made by registered post addressed to such partner.
This provision avoids the need to serve every partner individually before service on the firm or association can be recognised under Section 65.
Section 65 service rules at a glance
| Entity | Person who may be served | Registered-post option |
|---|---|---|
| Company or corporation | Director, Manager, Secretary or other officer. | Registered post addressed to such officer in India. |
| Firm or other association of individuals | Any partner of the firm or association. | Registered post addressed to such partner. |
| Deemed-service rule | Service is deemed effected when the registered letter would arrive in the ordinary course of post. | |
Related BNSS provisions
| Section | Subject |
|---|---|
| Section 63 | Form of summons. |
| Section 64 | Summons how served. |
| Section 65 | Service of summons on corporate bodies, firms and societies. |
| Section 66 | Service when persons summoned cannot be found. |
| Section 67 | Procedure when service cannot be effected as before provided. |
| Section 68 | Service on Government servant. |
| Section 69 | Service of summons outside local limits. |
| Section 70 | Proof of service in specified cases. |
Relationship with the earlier CrPC
Section 65 BNSS broadly corresponds to the earlier rule in Section 63 of the Code of Criminal Procedure, 1973 concerning service of summons on corporate bodies and societies, while the BNSS text expressly groups corporate bodies, firms and societies within the present provision.
When did Section 65 BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. By S.O. 848(E) dated 23 February 2024, the Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in that notification.
Official legal resources
For the current statutory text, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The referenced corporate legislation is available on India Code - Companies Act, 2013 and India Code - Societies Registration Act, 1860. The BNSS commencement notification is available from the Ministry of Home Affairs.