Section 62 CrPC: Summons how served

Code of Criminal Procedure, 1973

Section 62 CrPC at a Glance

Section 62 CrPC deals with summons how served. From 1 July 2024 it is replaced by Section 64 BNSS.

Now BNSS

Section 64 →

What Section 62 CrPC Says

62. Summons how served

(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.

(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.

(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

Source: Section 62, Code of Criminal Procedure, 1973

Section 62 CrPC in Simple Words

Section 62 of the Code of Criminal Procedure, 1973 deals with how a summons is served. Under Section 62(1) CrPC, every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.

Under Section 62(2) CrPC, the summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. Under Section 62(3) CrPC, every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

When Section 62 CrPC Applies

  • Under Section 62(1) CrPC, a summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.
  • Under Section 62(2) CrPC, the summons shall, if practicable, be served personally on the person summoned, by delivering or tendering one of the duplicates of the summons.
  • Under Section 62(3) CrPC, a person on whom a summons is so served shall sign a receipt on the back of the other duplicate if the serving officer so requires.

Example of Section 62 CrPC

Vikram is a police officer. A Court issues a summons to Deepak. Under Section 62(1) CrPC, Vikram serves the summons. Under Section 62(2) CrPC, Vikram serves the summons personally on Deepak, if practicable, by delivering or tendering one of the duplicates of the summons to Deepak. Under Section 62(3) CrPC, Deepak signs a receipt on the back of the other duplicate if Vikram so requires.

When Section 62 CrPC Does Not Apply

  • Section 62(2) CrPC speaks of service personally on the person summoned. It does not deal with a person summoned who cannot be found by the exercise of due diligence.
  • Section 62 CrPC speaks of the service of a summons on a person summoned. It does not deal with the service of a summons on a corporation.

Section 62 CrPC Under BNSS 64: What Changed

Section 62 CrPC is now covered under Section 64 BNSS.

Section 64 BNSS has the same heading as Section 62 CrPC. Section 64(1) BNSS and Section 64(2) BNSS carry the words of Section 62(1) CrPC and Section 62(2) CrPC, and each adds a proviso. The proviso to Section 64(1) BNSS provides for a register kept by the police station or the registrar in the Court. The proviso to Section 64(2) BNSS provides that summons bearing the image of Court's seal may also be served by electronic communication. Section 64(3) BNSS reads is so served personally where Section 62(3) CrPC read is so served.

View detailed comparison (CrPC 62 vs BNSS 64) →

FAQs on Section 62 CrPC

Who serves a summons under Section 62 CrPC?▼

Section 62(1) CrPC says that every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.

How is a summons served on the person summoned under Section 62 CrPC?▼

Section 62(2) CrPC says that the summons shall, if practicable, be served personally on the person summoned, by delivering or tendering one of the duplicates of the summons.

What receipt may the serving officer require under Section 62 CrPC?▼

Section 62(3) CrPC says that every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt on the back of the other duplicate.

Where is Section 62 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 62(1) CrPC is found in Section 64(1) BNSS, Section 62(2) CrPC in Section 64(2) BNSS and Section 62(3) CrPC in Section 64(3) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·