Service of summons on witness
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Summary
When a court issues a summons to a witness, it can also order that a copy be sent by electronic communication or by registered post to the place where the witness ordinarily resides, carries on business, or works. If the court receives a signed acknowledgement, a postal endorsement showing refusal, or electronic proof of delivery, it may treat the summons as duly served.
Example
Priya works at a shop and the court issues a witness summons for her. The court also directs a copy to be sent by registered post to her home and by electronic communication to her email. The post office returns an endorsement showing she refused delivery. The court can treat the summons as duly served.
Bare Act
Enacted text(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 electronic communication or 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 or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served.
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