Code:
(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.
(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.
STATE AMENDMENT
Andaman and Nicobar Islands U.T.–
In section 69 of the Code of Criminal Procedure, 1974 in is application to the Union Territories of the Andaman and Nicobar Islands and Lakshdeep,–
(a) in sub-section (1), after the words to be served by registered post the words or of the substance thereof to be served by wireless message” shall be inserted.
(b) in sub-section (2), for the words that the witness refused to take delivery of the summons the words or a wireless messenger that the witness refused to take delivery of the summons or the message, as the ease may be shall be substituted.
[Vide Andaman and Nicobar Islands U.T. Act 6 of 1977, s. 2.]
Explanation:
Section 69 of the Code of Criminal Procedure (CrPC) deals with the service of summons on a witness residing beyond the territorial jurisdiction of the court issuing the summons. It allows for the summons to be served by registered post.
- When the witness resides outside the jurisdiction of the court, the summons can be served by registered post with acknowledgement due.
- The summons must be sent to the witness’s last known address.
- The court may, in its discretion, order service by any other mode deemed appropriate.
Illustration:
Suppose a court in Delhi needs to summon a witness residing in Mumbai for a criminal case. Since the witness resides outside the jurisdiction of the Delhi court, the summons can be served by registered post with acknowledgement due to the witness’s Mumbai address.
Common Questions and Answers:
Q: What if the witness refuses to accept the summons?
A: The postal official will make an attempt to deliver the summons. If the witness refuses to accept it, the postal official will return the summons to the court with a report detailing the refusal. The court may then consider alternative methods of service.
Q: Can the summons be served by courier?
A: While the law primarily mentions registered post, the court has the discretion to order service by other modes, including courier, if deemed appropriate.
Q: What if the witness’s address is unknown?
A: The court may issue a proclamation for the witness to appear, or it may consider other methods of service, such as serving the summons through the witness’s known relatives or associates.
