Section 69 CrPC: Service of summons on witness by post

Code of Criminal Procedure, 1973

Section 69 CrPC at a Glance

Section 69 CrPC deals with service of summons on witness by post. From 1 July 2024 it is replaced by Section 71 BNSS.

Now BNSS

Section 71 →

What Section 69 CrPC Says

69. Service of summons on witness by post

(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.

(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.

Source: Section 69, Code of Criminal Procedure, 1973

Section 69 CrPC in Simple Words

Section 69 of the Code of Criminal Procedure, 1973 deals with the service of a summons on a witness by post.

Under Section 69(1) CrPC, notwithstanding anything contained in the preceding sections of the Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where the witness ordinarily resides or carries on business or personally works for gain.

Under Section 69(2) CrPC, when an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.

When Section 69 CrPC Applies

  • Under Section 69(1) CrPC, a Court issuing a summons to a witness may direct a copy of the summons to be served by registered post, notwithstanding anything contained in the preceding sections of the Chapter.
  • The copy is addressed to the witness at the place where the witness ordinarily resides or carries on business or personally works for gain.
  • Under Section 69(2) CrPC, the Court issuing the summons may declare that the summons has been duly served when an acknowledgement purporting to be signed by the witness has been received.
  • The Court may also declare the summons duly served when an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received.

Time Limits Under Section 69 CrPC

  • The Court may direct the copy to be served in addition to and simultaneously with the issue of the summons.Act text: “in addition to and simultaneously with the issue of such summons”

Example of Section 69 CrPC

A Court issues a summons to Neha, a witness. In addition to and simultaneously with the issue of the summons, the Court directs a copy of the summons to be served by registered post addressed to Neha at the place where Neha ordinarily resides. An endorsement purporting to be made by a postal employee that Neha refused to take delivery of the summons is received. Under Section 69(2) CrPC, the Court issuing the summons may declare that the summons has been duly served.

When Section 69 CrPC Does Not Apply

  • Section 69(1) CrPC speaks of a summons issued to a witness. It does not deal with a summons issued to an accused person.
  • Section 69(2) CrPC speaks of an acknowledgement or an endorsement received by the Court. It does not deal with proof of service by an affidavit made before a Magistrate.

Section 69 CrPC Under BNSS 71: What Changed

Section 69 CrPC is now covered under Section 71 BNSS.

Section 71 BNSS reads Service of summons on witness as its heading where Section 69 CrPC read Service of summons on witness by post. Section 71(1) BNSS reads by electronic communication or by registered post where Section 69(1) CrPC read by registered post. Section 71(2) BNSS adds the words or on the proof of delivery of summons under Section 70(3) BNSS by electronic communication to the satisfaction of the Court, and reads may deem where Section 69(2) CrPC read may declare.

View detailed comparison (CrPC 69 vs BNSS 71) →

FAQs on Section 69 CrPC

Can a Court direct a copy of a summons to a witness to be sent by registered post under Section 69 CrPC?▼

Yes. Section 69(1) CrPC says that a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness.

At which place is the copy addressed under Section 69 CrPC?▼

Section 69(1) CrPC says at the place where the witness ordinarily resides or carries on business or personally works for gain.

When may the Court declare that the summons has been duly served under Section 69(2) CrPC?▼

Section 69(2) CrPC says that the Court issuing the summons may declare that the summons has been duly served when an acknowledgement purporting to be signed by the witness, or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons, has been received.

Where is Section 69 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 69(1) CrPC is found in Section 71(1) BNSS and Section 69(2) CrPC in Section 71(2) 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: 22 Oct 2026 ·