Summons how served
Section 62 of the Code of Criminal Procedure, 1973 deals with summons how served. Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.
(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.
(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Section 62, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 64 Summons how served Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Madhav Saran Agarwal vs Msx Mall Pvt. LTD
Court's Decision & Legal Precedent
Section 138/141 proceedings under the Negotiable Instruments Act against a corporate debtor are covered by the moratorium provision in Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, as such proceedings relate to transactions evidencing debt of the corporate debtor and result in depletion of its assets through compensation orders, thereby directly impacting the object of the moratorium which is to preserve the corporate debtor's assets during the insolvency resolution process so it can continue as a going concern and be rehabilitated. However, the moratorium applies only to the corporate debtor and not to natural persons (Directors/officers) in charge of and responsible for the conduct of the business of the corporate debtor, who remain liable to prosecution under Section 138/141 as the corporate debtor is a necessary party to such proceedings.
On this section: Cited to show that Section 138 proceedings depart from CrPC procedure for service
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G.v. Harsha Kumar vs The State of Andhra Pradesh
Court's Decision & Legal Precedent
Before issuing a Non-Bailable Warrant, a court must conduct proper inquiry and record clear and cogent reasons to conclude that the accused is deliberately avoiding summons. The court cannot mechanically issue an NBW without verifying whether proper service of summons was effected according to the procedures laid down in Sections 62-65 CrPC. The issuance of NBW involves interference with personal liberty and therefore requires great caution and careful scrutiny of facts. A court's failure to conduct such inquiry and record reasons constitutes an abuse of process that can be corrected under Section 482 CrPC.
On this section: General rules for service of summons; cited to establish proper service procedures
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G.v. Harsha Kumar vs The State of Andhra Pradesh
Court's Decision & Legal Precedent
Before issuing a Non-Bailable Warrant, a court must carefully examine the record and be personally satisfied with clear and cogent reasons that the accused is intentionally and deliberately evading service of summons. The court must conduct proper enquiry into the accused's claim of non-service and cannot mechanically issue a warrant based merely on the investigating agency's assertion of evasion. The issuance of NBW involves interference with personal liberty and therefore requires great caution and complete application of mind. Where an accused comes before the court with a specific allegation that he was not served with summons and had no knowledge of the case, the lower court's finding that he failed to furnish reasons for absence is unjustified.
On this section: Procedure for service of summons on accused; cited to establish proper methods of service
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Mohd. Ghulam Rasool vs Shameem Sultana
Court's Decision & Legal Precedent
Service of summons in maintenance proceedings under Section 125 CrPC can be validly effected by registered post with acknowledgment due in accordance with Rule 13-A of Criminal Rules of Practice and Circular Orders 1990, and when such registered post notice is unclaimed, it constitutes deemed service under Section 27 of the General Clauses Act 1897, thereby validating an ex parte order passed in maintenance proceedings.
On this section: Prescribes service of summons - by police officer or court officer, preferably personal delivery. Court analyzed whether this section prohibits postal service.
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E.ravindran vs The State Rep by
Court's Decision & Legal Precedent
When an accused resides outside the territorial jurisdiction of India and personal service of summons is impracticable, the trial court may serve the summons through alternative means such as email, provided the accused is aware of the pending case and the summons. Such alternative service does not violate Sections 62 and 64 of the Criminal Procedure Code, and a procedural challenge to the manner of service does not warrant quashing of the entire criminal case. The accused has a legal obligation to appear before the trial court to participate in the trial and prove his innocence.
On this section: Governs the manner of service of summons; the court examined whether email service falls within the scope of permissible service methods under this section.
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Md.chhotu vs State of Bihar
Court's Decision & Legal Precedent
When an accused is caught at the crime scene with incriminating articles in a case involving serious charges such as attempted murder and illegal arms possession, bail should not be granted as the evidence of guilt appears strong and the accused poses a risk to public safety.
On this section: Procedure for summoning witnesses - directed to be pressed by trial court
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 62
What have the courts held on Section 62 of the Code of Criminal Procedure?
Madhav Saran Agarwal vs Msx Mall Pvt. LTD (01 Mar 2021) is the leading judgment on this section among those set out below: Cited to show that Section 138 proceedings depart from CrPC procedure for service. Another 5 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2009 to 2023.
How do I find court cases under Section 62 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 62, section 62 CRPC, section 62 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with Madhav Saran Agarwal vs Msx Mall Pvt. LTD (01 Mar 2021).
What should I read with Section 62 of the Code of Criminal Procedure, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 64 (Summons how served), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 62 of the Code of Criminal Procedure come into force?
Section 62 of the Code of Criminal Procedure, cited as CRPC 62, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.