Section 63 CrPC: Service of Summons on Corporate Bodies and Societies
Section 63 of the Code of Criminal Procedure, 1973 prescribed the special method for serving a criminal court summons on a corporation, including an incorporated company, other body corporate, and a society registered under the Societies Registration Act, 1860.
What did Section 63 CrPC provide?
Section 63 created a specific rule for service of summons on a corporation. Instead of requiring service in the same manner as an individual, the provision allowed service through responsible officers of the corporation or through registered post addressed to its chief officer in India.
Text and meaning of Section 63 CrPC
Section 63 - Service of summons on corporate bodies and societies.
Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the 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, "corporation" means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act, 1860 (21 of 1860).
Who could receive the summons?
For a corporation covered by Section 63, personal delivery could be made to the secretary, local manager, or other principal officer of the corporation. These categories identify persons holding a sufficiently responsible position through whom the corporate entity could be served.
Service by registered post
Section 63 also permitted the summons to be sent by registered post to the chief officer of the corporation in India. Where this mode was used, the section created a statutory rule of deemed service: service was treated as effected when the letter would ordinarily have arrived in the normal course of post.
Meaning of corporation under Section 63
The Explanation gave the term "corporation" an inclusive meaning for this provision. It covered:
- an incorporated company;
- another body corporate; and
- a society registered under the Societies Registration Act, 1860.
Practical modes of service under the former CrPC
| Mode | Person or address for service | When service takes effect |
|---|---|---|
| Personal service | Secretary, local manager, or other principal officer of the corporation | On valid delivery in accordance with the Code |
| Registered post | Chief officer of the corporation in India | When the letter would arrive in the ordinary course of post |
Relationship with Sections 62 to 69 CrPC
Section 63 formed part of Chapter VI of the CrPC dealing with processes to compel appearance. Section 62 CrPC contained the general rule on how summons were served. Section 64 CrPC dealt with cases where the person summoned could not be found. The succeeding provisions addressed substituted service, Government servants, service outside local limits, proof of service, and service on witnesses by post.
Position after commencement of BNSS
From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 became the principal procedural criminal law replacing the CrPC, subject to its saving provisions. The corresponding provision is Section 65 BNSS, titled "Service of summons on corporate bodies, firms, and societies." It expressly refers to service on a Director, Manager, Secretary or other officer of a company or corporation and also adds a separate rule for service on a firm or other association of individuals. For a matter governed by the law before BNSS, Section 63 CrPC should be read in its historical statutory context.
Key takeaway
Under Section 63 CrPC, a summons to a corporation could be served on its secretary, local manager or other principal officer, or sent by registered post to its chief officer in India. The definition extended the rule to incorporated companies, other bodies corporate, and societies registered under the Societies Registration Act, 1860.
Note: This article is a general explanation of the statutory provision and is not a substitute for case-specific legal advice.