64
64
Service when persons summoned cannot be found
Code of Criminal Procedure, 1973
Chapter VI Processes to Compel Appearance
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsSummonsService Of ProcessFamily
🗣️ Simple Explanation
What does this law say?
Section 64 of the CrPC explains what happens if you cannot be found to receive a summons. The summons can be left with an adult male family member who lives with you. The family member must sign a receipt if asked.
Why does this law exist?
This law ensures summons are delivered even if you are not home. It helps the court process. It makes sure you are aware of the legal action.
Real-life impact
If you are not home, the summons may be left with your father or brother. They will be asked to sign. This is considered proper service.
What happens if you break this law?
This section is about how to serve a summons if you are not found. There is no punishment for breaking this law. It is about the process of delivery.
💡 Real Life Example
Rahul is not home when the police officer arrives. The officer leaves the summons with Rahul's father. The father signs the receipt. Rahul is considered to have been served. He must now respond to the summons. If Rahul's servant was home, the summons cannot be left with them.
🛡️ KNOW YOUR RIGHTS
- •Ensure the person receiving the summons is an adult male family member.
- •Ask for identification from the serving officer.
- •Understand the reason for the summons.
- •Seek legal advice if you have questions.
❓ FREQUENTLY ASKED QUESTIONS
Section 64 of the CrPC explains how a summons is served if you are not found. It can be left with an adult male family member who lives with you. The family member must sign a receipt if asked. This ensures you are aware of the legal action. It helps the court process.
No, a servant is not considered a family member under this law. The summons cannot be left with a servant. It must be left with an adult male family member. This ensures the summons reaches the intended person.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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