Order V Rule 24 CPC - Service of Summons on Defendant in Prison
Order V Rule 24 of the Code of Civil Procedure, 1908 governs how a civil court summons is transmitted for service when the defendant is confined in prison. The summons is directed to the officer in charge of the prison for service on the defendant.
Order V Rule 24 CPC - statutory provision
Heading: Service on defendant in prison.
Where the defendant is confined in a prison, the summons shall be delivered or sent or by post or by such courier service as may be approved by the High Court, by fax message or by Electronic Mail service or by any other means as may be provided by the rules made by the High Court to the officer in charge of the prison for service on the defendant.
The statutory text above is presented without amendment footnote brackets for readability. Refer to the official India Code publication of the CPC (PDF) for the authoritative text, amendment notes and applicable variations.
Meaning and scope of Order 5 Rule 24
Defendant: The person against whom a civil suit has been instituted. Summons: A formal court process notifying the defendant of the suit and requiring a response or appearance as directed. Officer in charge of the prison: The prison authority to whom the court forwards the summons for delivery to the confined defendant.
Rule 24 provides a specific channel for service where direct access to a defendant is restricted by imprisonment. It does not exempt the defendant from the civil proceedings or treat imprisonment alone as proof that service has occurred.
How service on a prisoner works
- Identify the prison: The issuing court should have accurate details of the defendant and the institution where the defendant is confined.
- Transmit the summons: The court sends it to the officer in charge of the prison. Permitted methods include delivery, post, High Court-approved courier, fax, email or other methods provided by applicable High Court rules.
- Serve the defendant: The responsible prison officer arranges service on the confined defendant, subject to prison procedures.
- Return service records: Under Order V Rule 29, the recipient officer must, if possible, serve the summons and return it under signature with the defendant's written acknowledgment. If service is prevented or refused, Rule 29 requires the relevant statement and circumstances to be recorded.
- Court assesses service: The issuing court considers the return and applicable procedural rules before proceeding on the basis of service.
The mode of electronic service must comply with the applicable High Court rules; a transmission to an arbitrary email address is not automatically valid service.
Related provisions of the CPC
Order V Rule 1 - summons
Provides for issuance of summons to a defendant to appear and answer the claim, subject to its terms and exceptions.
Order V Rule 2 - copy of plaint
Requires a copy of the plaint to accompany every summons.
Order V Rule 29 - duty of person entrusted with service
Applies expressly to service under Rule 24. It deals with the serving officer's obligation, written acknowledgment and return of the summons, including circumstances preventing service or involving refusal.
Appendix B - process forms
The CPC's Appendix B includes a form for transmitting summons for service on a prisoner. Consult the applicable court's current forms and practice directions.
Frequently asked questions
Can a civil summons be served on a person in jail?
Yes. Order V Rule 24 permits the court to send the summons to the officer in charge of the prison for service on the defendant.
Can a summons be sent by email to the prison?
The rule recognizes electronic mail as a possible transmission method, subject to the rules made by the relevant High Court and proper service procedures.
Who is responsible for serving the prisoner?
The officer in charge of the prison receives the summons for service. Order V Rule 29 sets out duties concerning service and return of the process.
Does imprisonment automatically mean a summons has been served?
No. The court must consider whether service was effected in accordance with the CPC and the applicable rules.
Official legal source
Read the Code of Civil Procedure, 1908 - India Code (official PDF). Local amendments and High Court rules should also be checked for the court concerned.
Legal information only. Application depends on the facts, court rules and amendments in force.