Section 69 of The Code of Criminal Procedure, 1973
- (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 acknowledgement 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. STATE AMENDMENT Andaman and Nicobar Islands U.T.-- In section 69 of the Code of Criminal Procedure, 1974 in is application to the Union Territories of the Andaman and Nicobar Islands and Lakshdeep,--
- (a)in sub-section (1), after the words to be served by registered post the words or of the substance thereof to be served by wireless message" shall be inserted.
- (b)in sub-section (2), for the words that the witness refused to take delivery of the summons the words or a wireless messenger that the witness refused to take delivery of the summons or the message, as the ease may be shall be substituted. [Vide Andaman and Nicobar Islands U.T. Act 6 of 1977, s. 2.]
Summary
- This section gives courts the power to send a summons to a witness by registered post.
- Postal service can be done at the same time as the regular hand-delivery method.
- The letter must be sent to the witness's home, office, or workplace.
- A signed receipt from the witness counts as proof of service.
- If a postman notes that the witness refused to take the letter, the court can treat it as served.
Practical examples
FAQ
1. Can a witness be served by post under Section 69 of the Code of Criminal Procedure, 1973?
Yes, Section 69 of the Code of Criminal Procedure, 1973, allows the court to direct service by registered post for witnesses.
2. Does postal service replace other methods in Section 69 of the 1973 Code?
No, Section 69 of the 1973 Code says it can be done in addition to and simultaneously with the usual summons process.
3. What happens if a witness refuses a postal summons under Section 69 of the 1973 Act?
If a postal employee notes the refusal, the court may declare the summons duly served under Section 69 of the 1973 Act.
4. Where should the postal summons be addressed according to Section 69 of the Criminal Procedure Code?
It should go to where the witness resides, carries on business, or personally works for gain, per Section 69 of the Criminal Procedure Code.
Test yourself
Q1.Under Section 69 of the Code of Criminal Procedure, 1973, what type of post is authorized for a witness summons?
Q2.According to Section 69 of the Code of Criminal Procedure, 1973, what is the effect of an endorsement that the witness refused delivery?
Q3.Under Section 69 of the 1973 Code, can this postal service happen at the same time as regular service?
Q4.To whom does Section 69 of the Code of Criminal Procedure, 1973, apply?