Section 65 CrPC: Procedure when service cannot be effected as before provided

Code of Criminal Procedure, 1973

Section 65 CrPC at a Glance

Section 65 CrPC deals with procedure when service cannot be effected as before provided. From 1 July 2024 it is replaced by Section 67 BNSS.

Now BNSS

Section 67 →

What Section 65 CrPC Says

65. Procedure when service cannot be effected as before provided

If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

Source: Section 65, Code of Criminal Procedure, 1973

Section 65 CrPC in Simple Words

Section 65 of the Code of Criminal Procedure, 1973 applies if service cannot by the exercise of due diligence be effected as provided in Section 62 CrPC, Section 63 CrPC or Section 64 CrPC.

The serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides.

The Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

When Section 65 CrPC Applies

  • Section 65 CrPC applies if service cannot by the exercise of due diligence be effected as provided in Section 62 CrPC, Section 63 CrPC or Section 64 CrPC.
  • The serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides.
  • The Court, after making such inquiries as it thinks fit, may declare that the summons has been duly served.
  • The Court may instead order fresh service in such manner as it considers proper.

Example of Section 65 CrPC

Rohit is summoned by a Court, and service on Rohit cannot by the exercise of due diligence be effected as provided in Section 62 CrPC, Section 63 CrPC or Section 64 CrPC. Under Section 65 CrPC, the serving officer affixes one of the duplicates of the summons to a conspicuous part of the house in which Rohit ordinarily resides. The Court then makes such inquiries as it thinks fit, and may either declare that the summons has been duly served on Rohit or order fresh service in such manner as it considers proper.

When Section 65 CrPC Does Not Apply

  • Section 65 CrPC speaks of a summons that cannot be served as provided in Section 62 CrPC, Section 63 CrPC or Section 64 CrPC. It does not deal with a warrant of arrest.
  • Section 65 CrPC speaks of the Court declaring that the summons has been duly served or ordering fresh service. It does not deal with what follows if the person summoned does not appear.

Section 65 CrPC Under BNSS 67: What Changed

Section 65 CrPC is now covered under Section 67 BNSS.

Section 67 BNSS has the same heading and the same text as Section 65 CrPC. Section 67 BNSS refers to Section 64 BNSS, Section 65 BNSS or Section 66 BNSS where Section 65 CrPC referred to Section 62 CrPC, Section 63 CrPC or Section 64 CrPC.

View detailed comparison (CrPC 65 vs BNSS 67) →

FAQs on Section 65 CrPC

When does Section 65 CrPC apply?▼

Section 65 CrPC applies if service cannot by the exercise of due diligence be effected as provided in Section 62 CrPC, Section 63 CrPC or Section 64 CrPC.

What does the serving officer do under Section 65 CrPC?▼

The serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides.

What may the Court do after the duplicate is affixed under Section 65 CrPC?▼

The Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

Where is Section 65 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 65 CrPC has no sub-sections, and maps as a whole to Section 67 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 ·