CrPC Section 67: Service of Summons Outside Local Limits
1. State the Code:
Section 67 of the Code of Criminal Procedure, 1973 deals with the service of summons when the accused resides outside the local limits of the court.
2. Explain it:
This section outlines the procedure for serving summons on an accused person who resides beyond the jurisdictional area of the court issuing the summons. It details the following:
- Summons can be served through registered post: If the accused’s address is known, the court can send the summons via registered post with acknowledgement due. This allows the court to track the receipt of the summons.
- Summons can be served through police: In cases where the accused’s address is unknown or the registered post is unsuccessful, the court can authorize a police officer to serve the summons.
- Summons can be served through any person: The court can also appoint any other person, deemed fit by the court, to serve the summons.
- Service through public announcement: In rare cases, when all other methods fail, the court can resort to public announcement to serve the summons.
3. Illustrate it:
Consider a case where a person living in Delhi commits a crime in Mumbai. The Mumbai court issues a summons to the accused. However, the accused resides in Delhi. In this scenario, the Mumbai court would use the procedures outlined in Section 67 to serve the summons. They could opt to send the summons by registered post or authorize the Delhi Police to serve the summons.
4. Common Questions and Answers:
Q: Can the court issue a summons to an accused residing outside India?
A: Section 67 focuses on service within India. For service outside India, different procedures apply, usually involving diplomatic channels or international legal assistance.
Q: What happens if the accused fails to appear even after the summons is served?
A: The court may issue a warrant for the accused’s arrest. This depends on the specific charges and the court’s discretion.
