Code:
(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.
Explanation:
Section 66 of the Code of Criminal Procedure (CrPC) outlines the method of serving legal documents on government servants.
- When a government servant is stationed within the jurisdiction of the court, the document can be served by:
- Delivering it to the government servant personally.
- Leaving it at his/her usual place of residence or office with some adult member of the family or with a responsible person at the office.
- When a government servant is stationed outside the jurisdiction of the court, the document can be served by:
- Sending it through registered post with acknowledgment due.
- Delivering it to the head of the department or office to which the government servant is attached.
Illustration:
A police officer is investigating a case and needs to summon a government official residing within the jurisdiction of the court. The police officer can personally deliver the summons to the official or leave it at his office with a responsible person.
Common Questions and Answers:
Q: Can a summons be served on a government servant’s family member?
A: Yes, if the government servant is absent, the summons can be served on a responsible member of the family at his/her usual place of residence.
Q: What happens if the government servant is on leave?
A: The summons can be served on the government servant’s immediate superior or the head of the department to which the government servant is attached.
Q: Can a government servant refuse to receive a summons?
A: No, a government servant cannot refuse to receive a summons. Doing so would be considered contempt of court.
