Section 65 of The Code of Criminal Procedure, 1973
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.
Summary
- This section is used if the delivery methods in Sections 62, 63, or 64 fail.
- The officer must use due diligence, or a sincere effort, to serve it normally first.
- If those attempts fail, the officer must pin or stick a copy of the summons to a visible part of the person's home.
- The house must be the place where the person summoned normally lives.
- Once the copy is posted, the Court performs inquiries to ensure the process was handled correctly.
- The Court then either accepts the service as valid or orders a new attempt.
Practical examples
FAQ
1. What happens if a person hides to avoid a summons under Section 65 of The Code of Criminal Procedure, 1973?
Under Section 65 of The Code of Criminal Procedure, 1973, if other methods fail, the officer affixes a copy to a conspicuous part of their house.
2. Can a summons be posted on a house under Section 65 of the criminal law?
Yes, Section 65 of The Code of Criminal Procedure, 1973, allows service by affixing the duplicate to a conspicuous part of the house or homestead.
3. Does sticking a summons to a door count as "served" under Section 65 of the 1973 Act?
Not automatically; Section 65 of The Code of Criminal Procedure, 1973, says the Court must inquire and then declare if it was duly served.
Test yourself
Q1.Under Section 65 of The Code of Criminal Procedure, 1973, where should the summons be affixed if personal or family service fails?
Q2.Under Section 65 of the criminal procedure law, who has the authority to declare the service of the summons as "duly served"?
Q3.If the court finds service under Section 65 of The Code of Criminal Procedure, 1973, was not done properly, what happens?
Q4.How does Section 65 of the 1973 criminal code relate to Sections 62 and 64?