CrPC Section 69: Service of Summons on Witness by Post – Detailed Explanation

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CrPC Section 69: Service of Summons on Witness by Post

This section outlines the procedure for serving a summons on a witness by post when the witness resides outside the jurisdiction of the court.

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?

Also Read  CrPC Section 443: Power to Order Sufficient Bail When Initial Bail is Insufficient

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.

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