Service when persons summoned cannot be found
Section 64 of the Code of Criminal Procedure, 1973 deals with service when persons summoned cannot be found. Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Explanation.-A servant is not a member of the family within the meaning of this section.
Section 64, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 66 Service when persons summoned cannot be found Text carried over almost unchanged 99%
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 The repealed enactment still governs what happened while it was in force.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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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: Service of summons when accused cannot be found; enables service on adult family member
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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: Service of summons when accused cannot be found; enables service on adult male family member; cited to show alternative service methods
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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: Provides for alternative service methods when the person summoned cannot be found by exercise of due diligence; the court held that email service is a reasonable alternative when the accused resides outside India and personal service is impracticable.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… It is further submitted that no notice was served to him regarding dishonour of the cheque. Even though the said notice is served, the same has been served to the wife of the accused which is not deemed to be served in terms of Section 64 of the Code of Criminal Procedure. Therefore, the service of notice is held to be not served. - 9. It is further submitted that since the petitioner could not receive the notice, reply was not given to the said notice; the Trial Court instead of considering the non–compliance of section 138(b) of N.I. Act, …
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… On these amongst other grounds, the impugned order sought to be challenged. 4. At the outset, learned counsel for the applicant submitted that the learned Additional Sessions Judge has wrongly treated that applicant was served with notice of application. According to him, Section 64 of the Code of Criminal Procedure is not complied with which contemplates service of notice on adult male member. It is submitted that admittedly, no service of notice was effected on the adult member of the family of applicant and hence, the learned Additional Sessions Judge has committed error in proceeding to …
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… Hon'ble Umesh Chandra Sharma, J. Heard Sri Sudhir Dixit, learned counsel for the revisionist, Sri Pankaj Kumar Tripathi, learned AGA and perused the record. Opposite party no.2, a male member, has been served through his daughter, a female member of his family. As per section 64 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC'), service of summons in criminal cases can be made only through an adult male member of the family residing with him. Hence, in view of the aforesaid provision the service is not sufficient upon opposite party no.2. Certainly the aforesaid …
Questions about Section 64
What have the courts held on Section 64 of the Code of Criminal Procedure?
G.v. Harsha Kumar vs The State of Andhra Pradesh (11 Dec 2019) is the leading judgment on this section among those set out below: Service of summons when accused cannot be found; enables service on adult family member. Another 2 judgments on this section are set out below. They run from 2019 to 2023.
How do I find court cases under Section 64 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 64, section 64 CRPC, section 64 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. 3 reported judgments on this section are set out on this page, beginning with G.v. Harsha Kumar vs The State of Andhra Pradesh (11 Dec 2019).
What should I read with Section 64 of the Code of Criminal Procedure, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 66 (Service when persons summoned cannot be found), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 64 of the Code of Criminal Procedure come into force?
Section 64 of the Code of Criminal Procedure, cited as CRPC 64, 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.