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 limits"

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 post"

(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.