Chapter VI
Section 69 CrPC: Service of summons on witness by post
New Law Update (2024)
Section 65 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Notwithstanding anything contained in the preceding section 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 acknowledgment 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.
Important Sub-Sections Explained
Section 69(1)
This sub-section allows courts to send a copy of a witness summons by registered post to their usual address, in addition to other service methods. This ensures witnesses receive notice efficiently.
Section 69(2)
This sub-section specifies that if a court receives a signed acknowledgment from the witness or a postal report stating they refused delivery, the court can legally declare that the summons has been properly served.
Landmark Judgements
K. Bhaskaran v. Sankaran Vaidhyan Balan (1999):
The Supreme Court held that once a notice is sent by registered post to the correct address, a presumption of due service arises. If the notice is returned with an endorsement like ‘refused’, the presumption of service becomes even stronger, placing the burden on the addressee to prove non-service. This principle is applicable to the service of summons under Section 69 CrPC.
M/s. Madan & Co. v. Wazir Jaivir Chand (1989):
This judgment affirmed that when a letter is sent by registered post and returned with the endorsement ‘refused’, there is a strong presumption that the addressee had knowledge of its contents. This reinforces the mechanism of deemed service upon refusal, as provided under Section 69(2) CrPC.