Service of summons outside local limits
Section 67 of the Code of Criminal Procedure, 1973 deals with service of summons outside local limits. When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.
Section 67, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 69 Service of summons outside local limits 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 The repealed enactment still governs what happened while it was in force.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.
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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Shri. Parashuram S/o Shivarudra Salunke vs Bhumika Alias Megha W/o Parashuram Salunke
Court's Decision & Legal Precedent
In proceedings under Section 125 Cr.P.C for maintenance, the court must strictly comply with Section 67 Cr.P.C when serving summons on a person residing outside its local jurisdiction by sending summons in duplicate to the Magistrate within whose jurisdiction the person resides. Further, evidence must be recorded in the presence of the respondent or his pleader as prescribed under Section 126(2) Cr.P.C, and ex-parte proceedings are permissible only when the Magistrate is satisfied that the respondent is willfully avoiding service or willfully neglecting to attend court; mere postal endorsement marked unclaimed does not constitute willful avoidance. Procedural non-compliance in maintenance proceedings warrants setting aside the order and remitting for fresh hearing, though interim maintenance may be awarded to protect the wife's interests.
On this section: Service of summons outside local limits; when person summoned resides outside local jurisdiction, summons shall ordinarily be sent in duplicate to Magistrate within whose jurisdiction person resides
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Kamlesh Kumar Lodhi vs State of U.p.
Court's Decision & Legal Precedent
When co-accused persons with identical roles in a narcotic drug trafficking case have been granted bail by the same court, and the applicant has no direct recovery of drugs, no criminal history, and has been in pre-trial detention for over seven months, bail should be granted applying the principle of parity, subject to stringent conditions ensuring the applicant's presence before court, cooperation in trial, and non-tampering with evidence. The mere fact that applicant was found inside a vehicle carrying commercial quantity of narcotic drugs, without direct recovery from the applicant, does not create an absolute bar to bail under Section 37 NDPS Act when considered against the totality of circumstances including parity with similarly situated co-accused.
On this section: N.C.B. counsel submitted that statements under Section 67 Cr.P.C. have not been brought on record by applicant
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 67
What have the courts held on Section 67 of the Code of Criminal Procedure?
Shri. Parashuram S/o Shivarudra Salunke vs Bhumika Alias Megha W/o Parashuram Salunke (23 Nov 2023) is the leading judgment on this section among those set out below: Service of summons outside local limits; when person summoned resides outside local jurisdiction, summons shall ordinarily be sent in duplicate to Magistrate within whose jurisdiction person resides. Another 1 judgment on this section is set out below. They run from 2020 to 2023.
How do I find court cases under Section 67 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 67, section 67 CRPC, section 67 of the Code of Criminal Procedure. People searching for it also type crpc 67a and 67 crpc in bnss. 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 Shri. Parashuram S/o Shivarudra Salunke vs Bhumika Alias Megha W/o Parashuram Salunke (23 Nov 2023).
What should I read with Section 67 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 69 (Service of summons outside local limits), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 67 of the Code of Criminal Procedure come into force?
Section 67 of the Code of Criminal Procedure, cited as CRPC 67, 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.