Delhi HCSupreme CourtNCLTNCLATCCIDRTRERADPDP 2023
BNSS 2023Chapter VICrPC: CrPC Section 65

Section 107

Service when person cannot be found

Processes to Compel Appearance

Plain English Explanation

If the person cannot be found: (i) Leave the summons with an adult male family member at their residence. (ii) If that also fails, affix it on a conspicuous part of the house. The court then decides if service is complete. For companies: serve the secretary at the registered office. NEW: Electronic summons is deemed served when transmitted to the last known email/electronic address.

Legal Text

Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 107

(1) Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. (2) Failing service under sub-section (1), the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the court after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper. (3) Service of summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, and in the case of a registered company or body corporate, by serving it on the secretary of the company at its registered office and such service shall be deemed to have been effected when the letter would be delivered in ordinary course of post. (4) Service of summons by electronic communication shall be deemed to have been effected when the summons is transmitted to the electronic address last provided by the accused or the witness.

Keywords

substituted servicesummons when absentservice on corporationelectronic servicedeemed serviceservice by post

Related Sections

CrPC Equivalent

CrPC Section 65

View CrPC (Repealed) →

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