Question
Under Section 66, if the person summoned cannot be
found, service may be made bySolution
This answer is based on Section 66 of the BNSS (which corresponds to Section 64 of the old CrPC). 1. The Statutory Provision (Section 66 BNSS) The section is titled "Service when persons summoned cannot be found". It provides a remedy for situations where the serving officer has made "due diligence" efforts to find the person but failed. The text states: "Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate." 2. Key Change from Old Law (CrPC 1973) This is a significant update in the new code:
- Old Law (Section 64 CrPC): Restricted service to an "adult male member" of the family.
- New Law (Section 66 BNSS): Has removed the word "
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