Service on Government servant
Section 66 of the Code of Criminal Procedure, 1973 deals with service on Government servant. Service on Government servant. Where the person summoned is in the active service of the Government the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) Service on Government servant. Where the person summoned is in the active service of the Government the Court issuing the summons shall ordinarily send it in
duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.
Section 66, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 68 Service on Government servant 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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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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Ajay Ram vs State of Bihar
Court's Decision & Legal Precedent
When a bail application is withdrawn at the trial's advanced stage, the High Court may permit such withdrawal while simultaneously directing the trial court to take stringent procedural measures to address legitimate grievances regarding witness non-appearance, particularly of investigating officers, by invoking Section 66 Cr.P.C. to compel their production through senior police administration.
On this section: Section 66 Cr.P.C. was invoked to compel the production of the investigating officer. The court directed that senior police officials be contacted by pressing Section 66 into service to ensure the IO's appearance for evidence in the trial court.
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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 66
What have the courts held on Section 66 of the Code of Criminal Procedure?
Ajay Ram vs State of Bihar (03 Sep 2010) is the leading judgment on this section among those set out below: Section 66 Cr.P.C. was invoked to compel the production of the investigating officer. The court directed that senior police officials be contacted by pressing Section 66 into service to ensure the IO's appearance for evidence in the trial court. Another 1 judgment on this section is set out below.
How do I find court cases under Section 66 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 66, section 66 CRPC, section 66 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 Ajay Ram vs State of Bihar (03 Sep 2010).
What should I read with Section 66 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 62 (Summons how served), 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 68 (Service on Government servant), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 66 of the Code of Criminal Procedure come into force?
Section 66 of the Code of Criminal Procedure, cited as CRPC 66, 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.