Section 64 CrPC: Service when persons summoned cannot be found

Code of Criminal Procedure, 1973

Section 64 CrPC at a Glance

Section 64 CrPC deals with service when persons summoned cannot be found. From 1 July 2024 it is replaced by Section 66 BNSS.

Now BNSS

Section 66 →

What Section 64 CrPC Says

64. Service when persons summoned cannot be found

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 male 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.

Explanation

A servant is not a member of the family within the meaning of this section.

Source: Section 64, Code of Criminal Procedure, 1973

Section 64 CrPC in Simple Words

Section 64 of the Code of Criminal Procedure, 1973 deals with the service of a summons where the person summoned cannot be found. 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 the person summoned with some adult male member of the family residing with the person summoned.

The person with whom the summons is so left shall, if so required by the serving officer, sign a receipt on the back of the other duplicate. The Explanation says that a servant is not a member of the family within the meaning of Section 64 CrPC.

When Section 64 CrPC Applies

  • Section 64 CrPC applies where the person summoned cannot, by the exercise of due diligence, be found.
  • In that case, the summons may be served by leaving one of the duplicates for the person summoned with some adult male member of the family residing with the person summoned.
  • The person with whom the summons is so left shall sign a receipt on the back of the other duplicate if the serving officer so requires.
  • The Explanation says that a servant is not a member of the family within the meaning of Section 64 CrPC.

Example of Section 64 CrPC

A Court issues a summons to Sanjay. The serving officer, Vikram, cannot, by the exercise of due diligence, find Sanjay. Under Section 64 CrPC, Vikram may leave one of the duplicates of the summons for Sanjay with Prakash, an adult male member of the family of Sanjay residing with Sanjay. Prakash signs a receipt on the back of the other duplicate if Vikram so requires. A servant residing in the house of Sanjay is not a member of the family within the meaning of Section 64 CrPC.

When Section 64 CrPC Does Not Apply

  • Section 64 CrPC speaks of a person summoned who cannot, by the exercise of due diligence, be found. It does not deal with a summons served personally on the person summoned.
  • Section 64 CrPC speaks of a member of the family of the person summoned. It does not deal with the service of a summons on a corporation.

Section 64 CrPC Under BNSS 66: What Changed

Section 64 CrPC is now covered under Section 66 BNSS.

Section 66 BNSS has the same heading and the same Explanation as Section 64 CrPC. Section 66 BNSS reads some adult member of his family residing with him where Section 64 CrPC read some adult male member of his family residing with him.

View detailed comparison (CrPC 64 vs BNSS 66) →

FAQs on Section 64 CrPC

When may a summons be left with a member of the family under Section 64 CrPC?▼

Section 64 CrPC says that 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 the person summoned with some adult male member of the family residing with the person summoned.

Is a servant a member of the family under Section 64 CrPC?▼

No. The Explanation to Section 64 CrPC says that a servant is not a member of the family within the meaning of Section 64 CrPC.

What receipt is signed under Section 64 CrPC?▼

Section 64 CrPC says that the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt on the back of the other duplicate.

Where is Section 64 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 64 CrPC has no sub-sections, and maps as a whole to Section 66 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 ·