A.--SummonsCentral

Section 64 of The Code of Criminal Procedure, 1973

Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. Explanation.--A servant is not a member of the family within the meaning of this section.

Summary

This section provides a solution for when the person named in the summons cannot be found.
The officer must first try their best to find the person, which is called using due diligence.
If they still cannot find them, the officer can leave a duplicate copy with an adult male family member.
This male family member must be living in the same home as the person summoned.
A servant is explicitly not considered a member of the family for this purpose.
The family member receiving the summons must sign the back of the other duplicate if the officer asks.

Practical examples

1Constable Soni goes to Amit's house three times but Amit is away at a wedding. Soni gives the summons to Amit’s 20-year-old son, Rahul, who lives there.

2An officer arrives at a home to find only the family's live-in cook. Since Section 64 excludes servants, the officer cannot leave the summons with the cook and must return another day.

FAQ

1. Can I give a summons to a neighbor under Section 64 of The Code of Criminal Procedure, 1973?

No, Section 64 of The Code of Criminal Procedure, 1973, only allows leaving it with an adult male member of the family residing with the person.

2. Does Section 64 of the criminal code allow service on a domestic worker?

No, Section 64 of The Code of Criminal Procedure, 1973, specifically states that a servant is not a member of the family.

3. What is required before using Section 64 of the 1973 criminal law?

Section 64 of The Code of Criminal Procedure, 1973, requires that the person summoned cannot be found despite the exercise of due diligence.

Test yourself

Q1.Under Section 64 of The Code of Criminal Procedure, 1973, which family member can legally accept a summons on behalf of an absent person?

Q2.According to the explanation in Section 64 of the 1973 Code, who is excluded from the definition of a family member?

Q3.Under Section 64 of The Code of Criminal Procedure, 1973, what must the family member do after receiving the duplicate?

Q4.How does Section 64 of the 1973 criminal code interact with Section 62?

63PreviousSection 63 Service of summons on corporate bodies and societies.65NextSection 65 Procedure when service cannot be effected as before provided.

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