AI Overview...
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Section 65 of the Criminal Procedure Code (Cr.P.C.) governs the mode of service of summons and warrants when personal service is not possible. It provides procedures such as affixation, service through electronic means (e.g., WhatsApp), or via Indian embassies for service on persons outside India. The State VS John Joseph D Souza and Anr - Bombay, Pawan Kumar VS The State of Rajasthan - Rajasthan, ANOOP JACOB Vs STATE OF KERALA - Kerala, Eralottu Chathu VS Patingattillath Gopalan - Madras
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Main points and insights:
- Section 65 allows for substituted service methods, including affixation and electronic communication, especially when traditional methods fail or are impractical. Pawan Kumar VS The State of Rajasthan - Rajasthan, ANOOP JACOB Vs STATE OF KERALA - Kerala
- The section emphasizes that if summons cannot be served under Sections 62 or 64, then service can be effected via affixation or other prescribed methods under Section 65. Pawan Kumar VS The State of Rajasthan - Rajasthan, Eralottu Chathu VS Patingattillath Gopalan - Madras
- Validity of service via modern means such as WhatsApp has been recognized, provided procedural requirements are met. ANOOP JACOB Vs STATE OF KERALA - Kerala
- The section ensures flexibility in service procedures, especially in cases involving persons residing outside India or when traditional service methods are unsuccessful. Eralottu Chathu VS Patingattillath Gopalan - Madras
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The courts have clarified that the discretion under Section 65 must be exercised without undue restrictions, and the procedures must be followed diligently to uphold the validity of service. Eralottu Chathu VS Patingattillath Gopalan - Madras
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Analysis and conclusion:
- Section 65 of Cr.P.C. is a crucial provision that facilitates effective service of summons and warrants through alternative methods, ensuring the progress of criminal proceedings when personal service is infeasible.
- The section's provisions accommodate modern communication methods, such as electronic messaging, aligning legal practice with technological advancements.
- Proper adherence to the procedures outlined in Section 65 is essential for the validity of service, which directly impacts the legality of subsequent proceedings.
- Overall, Section 65 enhances procedural flexibility while maintaining procedural integrity, thereby supporting the effective administration of criminal justice.
References: - The State VS John Joseph D Souza and Anr - Bombay - Pawan Kumar VS The State of Rajasthan - Rajasthan - ANOOP JACOB Vs STATE OF KERALA - Kerala - Eralottu Chathu VS Patingattillath Gopalan - Madras
Search Results for "Criminal Procedure Code s 65"
1955 0 Supreme(Bom) 245 • India - Bombay
J.C.SHAH, D.V.VYAS
Appeal against acquittal - Section 207 of Criminal Procedure Code - 65(b) 85 (1) of Bombay Prohibition Act - proceedings were adjourned ... Code did not apply - by declining adjournment the magistrate could have examined available witnesses and record plea of accused - procedure ... adjournment of proceedings on the ground as panch witness absent - acquitted by Magistrate for want of evidence - section 207 of Criminal ... The proceedings having been commenced by a charge-sheet, Section 247, Criminal P. ....
1972 0 Supreme(Mad) 184 • India - Madras
A.N.GROVER, M.H.BEG
CRIMINAL PROCEDURE CODE - SECTION 33 - SECTION 65 INDIAN PENAL CODE - SENTENCE IN DEFAULT OF PAYMENT OF FINE - MAGISTRATE'S POWERS ... Issues: Whether section 65 of the Indian Penal Code overrides section 33 of the Criminal Procedure Code in determining the ... in awarding imprisonment in default of payment of fine, and that this provision overrides the general provision of section 65 of ... In answer to the appellant’s contentions, based on section 33 of the Criminal Procdu....
2010 0 Supreme(Del) 535 • India - Delhi
SHIV NARAYAN DHINGRA
Procedure Code, 1973 - Sections 62, 63, 64, 65 – Distinction between summary procedure and trial by warrant is explained. ... Criminal Procedure Code, 1973 - Sections 251, 262, 263, 264, 265, 62, 53,64, 65, 482-Negotiable Instruments Act, 1881-Sections 138,143,144,145,145 ... ... B) Negotiable Instruments Act, 1881-Sections 138:- Summary procedure ... Thus service by affixation is a valid mode of service under criminal law and wherever the accused is evading his service, the court of ....
1985 0 Supreme(Bom) 120 • India - Bombay
SHARAD MANOHAR
Criminal Procedure Code, 1973-Section 65-order of acquittal passed on the ground that in spite of issuance of summons to prosecution ... witnesses they were not present-Criminal Revision Application against-Whether order of acquittal passed by the Magistrate evidenced ... The impugned order is set aside and the matter is sent back to the trial Court for disposal according to law, In view of the fact that I have been required to pass very serious strictures against the learned Magistrate, I direct that it will be in the fitness of the thi....
2011 0 Supreme(All) 1892 • India - Allahabad
DILIP GUPTA, SUNIL AMBWANI
Information Technology Act, 2000—Section 65—Criminal Procedure Code, 1973—Sections 197(1), 173(2), 190(1)—(Indian) Penal Code, 1860 ... —Thus, criminal revisions liable to be dismissed. ... —Sections 120-B, 201, 420, 477-A—Criminal proceedings—Against revisionists—Report submitted by C.B.I. to C.B.I. ... Section 65 of the Information Technology Act, 2000. ... under Section 197 Cr. ... —These two Criminal Revisions have been filed for setting aside the orders dated 28....
• India - Current Civil Cases
MOHAMMAD YAQOOB MIR
Evidence Act, 1872—Section 65-B—Criminal procedure Code, 1973—Section 274—Admissibility of electronic evidence—Defence wanted to ... evidence excluded from consideration—Trial court directed to take on record memory cards and CD, being a document in terms of Section 65 ... and hearing the matter under Section 273 Cr. ... For all other objections the procedure suggested above can be followed.) ... (Emphasis supplied) ... 15. The above procedure, if followed, will have two advantages. ....
1992 0 Supreme(Raj) 824 • India - Rajasthan
B.R.ARORA
CRIMINAL PROCEDURE CODE - SECTION 62, 64, 65 - SERVICE OF SUMMONS - PROCEDURE - INTERPRETATION - COURT ANALYSIS - ORDER ACCEPTING ... prescribed under Sections 62, 64, and 65 of the Cr. ... The court emphasized that the mode of service under Section 65 Cr. ... If the service of the summon, as per Section 62 or 64 of the Code of Criminal Procedure could not be effected then Section 65 Cr.PC provides a procedure for effecting the service on such person....
2021 Supreme(Online)(KER) 37286 • India - High Court of Kerala
V. G. Arun, J
Service - Summons - Cr.P.C Section 62, 65; Kerala Epidemic Disease Ordinance, 2020 - Court interpreted the service of summons ... Fact of the Case: The petitioner, accused in a criminal case, contested a non-bailable warrant issued against him, ... Issues: Whether summons issued via WhatsApp constitutes valid service under the Criminal Procedure Code. ... Going by Section 65 of Cr.P.C, if service could not be effected as provided under Section 62, the serving officer shall affix one....
2008 Supreme(Online)(KER) 19505 • India - High Court of Kerala
P.R.RAMAN, T.R.RAMACHANDRAN NAIR, JJ
Finding of the Court: The court found that the necessary legal procedures for custody had been followed, and since
1980 0 Supreme(Mad) 458 • India - Madras
U.L.BHAT
Code of Criminal Procedure, 1973-Sections 62 and 65-Service of summons if can be served through Indian embassy on a person residing ... outside Indian or if can be served by affixture to any house in India u/s 65 (1). ... It cannot apply to service at later stage covered by second part of section 65 of the Code. The exercise of discretion under the latter part of section 65 of the Code must be untrammelled by the limitations contemplated in section 62 (1) of the #HL_S....
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