Section 63 CrPC: Service of Summons on Corporate Bodies and Societies
Section 63 of the Code of Criminal Procedure, 1973 prescribed how court summons could be served on corporations and registered societies. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 65, which expressly covers companies, corporations, firms and associations of individuals.
What did Section 63 CrPC provide?
Under Section 63 CrPC, service of a summons on a corporation could be effected by serving the secretary, local manager or other principal officer of the corporation, or by registered post addressed to its chief officer in India.
Where registered post was used, the section deemed service to have been effected when the letter would arrive in the ordinary course of post.
Explanation: For this section, a corporation meant an incorporated company or other body corporate and included a society registered under the Societies Registration Act, 1860.
Section 65 BNSS: Current law on corporate summons
Section 65(1): Companies and corporations
A court summons may be served on the director, manager, secretary or another officer of the company or corporation. Alternatively, it may be sent by registered post to one of those officers in India. For the registered-post method, the statute provides for deemed service when the letter would arrive in the ordinary course of post.
Statutory definitions: The explanation to Section 65(1) defines a company as a body corporate and a corporation as an incorporated company or other body corporate registered under the Companies Act, 2013, or a society registered under the Societies Registration Act, 1860.
Section 65(2): Firms and associations of individuals
A summons on a firm or other association of individuals may be served on any partner of the firm or association. It may also be sent by registered post addressed to that partner. The same statutory rule regarding arrival in the ordinary course of post applies.
How is a summons served in practice?
The appropriate method depends on the legal status of the recipient and the applicable procedural law. For a company or corporation, the court process can be directed to an officer identified in Section 65(1). For a firm or association, Section 65(2) expressly permits service on a partner. Registered-post service should be supported by reliable dispatch and delivery records, especially where service is disputed.
Electronic summons are separately addressed by the BNSS framework, including Sections 63 and 64 and applicable State rules. Section 65 itself specifically describes personal service on the listed persons and service by registered post; it should not be read as an unrestricted authorisation for service by any electronic method.
What happens if service is disputed?
A dispute may concern whether the person served was an eligible officer or partner, whether the postal article was correctly addressed, or whether the legal requirements for service were met. The court determines the sufficiency of service on the evidence and applicable law. A recipient should not assume that refusing or ignoring a summons will necessarily invalidate service.
Related legal provisions
Section 63 BNSS deals with the form of summons; Section 64 BNSS addresses how summons are served generally; Section 65 BNSS deals with corporate bodies, firms and societies; and Section 66 BNSS concerns service when a person summoned cannot be found. These provisions should be read together where relevant.
Official legislation and references
Bureau of Police Research and Development - New Criminal Laws (official)
Delhi Police Academy - BNSS handbook, including Section 65
This article explains the statutory framework for general information. The governing provision, transitional rules and facts of service should be checked for the particular proceeding.