CrPC Section 64: Service when persons summoned cannot be found
Code of Criminal Procedure, 1973 · Chapter 6: Processes - Compel Appearance
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 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.
Study: explanations and related material
Now BNSS 66 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p4
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 61. Form of summons
- 62. Summons how served
- 63. Service of summons on corporate bodies and societies
- 65. Procedure when service cannot be effected as before provided
- 66. Service on Government servant
- 67. Service of summons outside local limits
- 68. Proof of service in such cases and when serving officer not present
- 69. Service of summons on witness by post
- 70. Form of warrant of arrest and duration
- 71. Power to direct security to be taken
- 72. Warrants to whom directed
- 73. Warrant may be directed to any person
- 74. Warrant directed to police officer
- 75. Notification of substance of warrant
- 76. Person arrested to be brought before Court without delay
- 77. Where warrant may be executed
- 78. Warrant forwarded for execution outside jurisdiction
- 79. Warrant directed to police officer for execution outside jurisdiction
- 80. Procedure of arrest of person against whom warrant issued
- 81. Procedure by Magistrate before whom such person arrested is brought
- 82. Proclamation for person absconding
- 83. Attachment of property of person absconding
- 84. Claims and objections to attachment
- 85. Release, sale and restoration of attached property
- 86. Appeal from order rejecting application for restoration of attached property
- 87. Issue of warrant in lieu of, or in addition to, summons
- 88. Power to take bond for appearance
- 89. Arrest on breach of bond for appearance
- 90. Provisions of this Chapter generally applicable to summons and warrants of arrest