CrPC Section 64: Serving Summons When Accused Cannot Be Found

This section deals with the procedure to be followed when the accused cannot be found to be served with a summons.

1. The Code

Section 64. Serving summons when accused cannot be found. If, on inquiry, it appears that the accused cannot be found, the Magistrate may, if he thinks fit, direct the summons to be served by affixing a copy thereof, on the outer door or some conspicuous part of the house or other place of abode of the accused, or if no such house or place of abode can be found, on some conspicuous part of the last known place of residence of the accused.

2. Explanation

This section allows the Magistrate to issue alternative methods of serving summons when the accused is not found at their known address. It involves:

• Inquiry: The Magistrate must first inquire whether the accused can be found.
• Alternative Service: If the accused cannot be found, the Magistrate may direct the summons to be served by:
  • Affixing a copy on the accused’s house or place of abode.
  • Affixing a copy on a conspicuous part of the accused’s last known place of residence if their house or place of abode cannot be found.

3. Illustration

Consider a scenario where the police are investigating a theft case. The accused, John, cannot be located at his known address. The investigating officer informs the Magistrate about this. The Magistrate, based on the inquiry, directs the summons to be served by affixing a copy on John’s house door.

4. Common Questions and Answers

Q: What happens if the accused still doesn’t appear in court after the summons is served?

A: The Magistrate may issue a warrant for the accused’s arrest.

Q: Is there a specific time period for the accused to appear in court after the summons is served?

A: Yes, the summons usually specifies a date and time for the accused to appear in court. Failure to do so may result in consequences.