Criminal procedure in India | Updated October 2026

Section 66 CrPC - Service on Government Servant

Section 66 of the Code of Criminal Procedure, 1973 prescribed how a criminal court summons is served on a person in active government service. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 68.

Current legal position: The BNSS came into force on 1 July 2024. Section 68 governs this procedure under the new law, while Section 66 CrPC remains relevant when the former Code applies under applicable savings and transitional provisions.

Section 66 CrPC - Original provision

66(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.

66(2). Such signature shall be evidence of due service.

Section 68 BNSS - Current corresponding law

Section 68 of the BNSS retains the special procedure for service on a government servant. Under subsection (1), the court ordinarily sends the summons in duplicate to the head of the government office employing the person. The head of office arranges service under Section 64 BNSS, then returns the summons to the issuing court with the required endorsement and signature.

Under Section 68(2) BNSS, the head of office's signature is evidence of due service. The reference to Section 64 BNSS replaces the earlier cross-reference to Section 62 CrPC.

How service on a government servant works

Issue by the court: The court issues summons requiring the government employee to appear or comply as directed.
Transmission to the office: The court ordinarily sends duplicate copies to the head of the office where the employee works.
Service on the employee: The office head arranges service following the applicable statutory method.
Return to court: The endorsed summons is returned under the office head's signature.
Evidence of service: That signature is statutory evidence of due service, subject to assessment in the proceedings.

Meaning of important legal terms

Active service of the Government

This refers to a person presently employed in government service. Whether the special service procedure applies depends on the person's employment status and the facts of the case.

Head of the office

The official in charge of the government office in which the summoned person is employed, who is responsible for arranging and certifying service under this provision.

Duplicate summons and endorsement

Duplicate means a second copy of the summons. An endorsement is the recorded acknowledgment or certification relating to service, made in accordance with the applicable procedural provision.

Related provisions

Section 64 BNSS provides the general method of serving summons, including the statutory framework for personal service and permitted electronic communication. Section 70 BNSS concerns proof of service in specified situations, including electronic service. The particular requirements must be read together with the relevant statutory text and applicable rules.

The repeal and savings provisions of Section 531 BNSS may affect proceedings already pending when the new legislation commenced.

Frequently asked questions

Can a government employee receive a criminal court summons through the office?

Yes. Section 68 BNSS ordinarily provides for sending the summons to the head of the employing government office, who arranges service and returns the endorsed summons.

Is the signature of the head of office proof of service?

Section 68(2) BNSS expressly treats the signature as evidence of due service. Any dispute about service must be considered in the context of the applicable law and evidence.

Does Section 66 CrPC still apply?

For new proceedings governed by the BNSS, the corresponding provision is Section 68. Section 66 CrPC may remain relevant to proceedings saved under the transitional provisions.

Official legal references

General legal information. For a particular summons or pending case, consult the court record and applicable rules.