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CrPC, 1973
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CrPCChapter VISection 65
Section65

Procedure when service cannot be effected as before provided

AI Assist

Summary

When a summons cannot be served despite due diligence under the usual provisions, the serving officer must affix a duplicate summons to a conspicuous part of the house or homestead where the person ordinarily resides. The Court, after making such inquiries as it thinks fit, may then declare the summons duly served or order fresh service in some other manner.

Example

Ravi, a shopkeeper, is repeatedly absent when the officer tries to serve a summons at his home and shop. The officer sticks a duplicate summons on his shop door; the Court may, after inquiry, treat the summons as duly served or order fresh service.

Bare Act

Enacted text

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.

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VI

Chapter VI

Processes To Compel Appearance

In this chapter

  • 61Form of summons
  • 62Summons how served
  • 63Service of summons on corporate bodies and societies
  • 64Service when persons summoned cannot be found
  • 65Procedure when service cannot be effected as before provided
  • 66Service on Government servant
  • 67Service of summons outside local limits
  • 68Proof of service in such cases and when serving officer not present
  • 69Service of summons on witness by post
  • 70Form of warrant of arrest and duration
  • 71Power to direct security to be taken
  • 72Warrants to whom directed
  • 73Warrant may be directed to any person
  • 74Warrant directed to police officer
  • 75Notification of substance of warrant
  • 76Person arrested to be brought before Court without delay
  • 77Where warrant may be executed
  • 78Warrant forwarded for execution outside jurisdiction
  • 79Warrant directed to police officer for execution outside jurisdiction
  • 80Procedure of arrest of person against whom warrant issued
  • 81Procedure by Magistrate before whom such person arrested is brought
  • 82Proclamation for person absconding
  • 83Attachment of property of person absconding
  • 84Claims and objections to attachment
  • 85Release, sale and restoration of attached property
  • 86Appeal from order rejecting application for restoration of attached property
  • 87Issue of warrant in lieu of, or in addition to, summons
  • 88Power to take bond for appearance
  • 89Arrest on breach of bond for appearance
  • 90Provisions of this Chapter generally applicable to summons and warrants of arrest
Previous · Section 64Service when persons summoned cannot be foundNext · Section 66Service on Government servant