Procedure when service cannot be effected as before provided
Section 65 of the Code of Criminal Procedure, 1973 deals with procedure when service cannot be effected as before provided. 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; 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
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.
Section 65, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 67 Procedure when service cannot be effected as before provided Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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 by affixing summons to conspicuous part of house if diligent service not effected; requires court inquiry
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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: Affixing summons to conspicuous part of house after due diligence; requires court to make due enquiries before declaring service; cited to emphasize court's duty to verify service
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 his bounden duty to record the reasons for his belief in coming to conclusion that a person has been guilty and therefore, to be arrested. Such a safeguard is meant to facilitate an element of fairness and accountability. 43. Section 65 " 65. Code of Criminal Procedure, 1973 to apply .—The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply, insofar as they are not inconsistent with the provisions of this Act, to arrest, search and seizure, attachment, confiscation, investigation, prosecution and all other proceedings …
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… Section 44 is very important in that the Section provides for the trial of a scheduled offence and the offence of money laundering together by the same Special Court, which is to try such offences under the Code of Criminal Procedure as if it were a court of sessions. Under Section 46, read with Section 65 of the Act, the provisions of the Code of Criminal Procedure apply to proceedings before the Special Court and for the purpose of the said provisions, the Special Court shall be deemed to be a court of sessions. 9. When the Prevention of Money Laundering Bill, 1999 was tabled before Parliament, Section 44, which …
Questions about Section 65
What have the courts held on Section 65 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 by affixing summons to conspicuous part of house if diligent service not effected; requires court inquiry. Another 1 judgment on this section is set out below.
How do I find court cases under Section 65 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 65, section 65 CRPC, section 65 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. 2 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 65 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 62 (Summons how served), section 63 (Service of summons on corporate bodies and societies), section 64 (Service when persons summoned cannot be found), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 67 (Procedure when service cannot be effected as before provided), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 65 of the Code of Criminal Procedure come into force?
Section 65 of the Code of Criminal Procedure, cited as CRPC 65, 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.